Around The Firm

In Lujan v. XYZ Corp., Philip B. Grennan and Janis G. Pelletier won a motion for summary judgment in a premises-liability case. The plaintiff alleged that XYZ Corp. failed to maintain reasonably safe conditions on its property for its invitees because plaintiff slipped and fell on liquid on the floor. Plaintiff had no proof of who spilled the liquid or how long the liquid had been present on the floor. Phil and Janis proved that the spill occurred in an area that was not a self-service area, so plaintiff was not relieved of proving that XYZ Corp. had notice of the spill, which she could not. The court granted their motion and dismissed the case. … Bradley D. Westphal recently was awarded a defense award in arbitration in LaCourse v. Toney. In this multiple-car rear-end case, his client was rear-ended and pushed into the plaintiff’s vehicle. Two other defendants were found liable for the accident and plaintiff’s injuries. The arbitrator agreed that Brad’s client did not cause and/or contribute to the accident.

Jeffrey P. Downer has been selected for inclusion in the 2009 edition of The Best Lawyers in America, in the Professional Malpractice Law area of practice. Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 2.8 million confidential evaluations by the top attorneys in the country. American Lawyer describes Best Lawyers as “the most respected referral list of attorneys in practice.” Jeff joins Lee Smart attorney David L. Martin, who has been listed in Best Lawyers every year since it began publishing 25 years ago. … Washington Law & Politics magazine continues to recognize Lee Smart’s up-and-coming younger lawyers. The magazine’s Rising Stars for 2009 include Lee Smart lawyers Marc Rosenberg, Eric L. Lewis, and Timothy D. Shea.

Jeff Downer and Tim Shea won summary judgment in Orr v. Richardson, a real estate professional-liability action. Plaintiffs attempted to buy a waterfront home. The sellers wanted to retain one of the three lots on the property, so a boundary-line adjustment was needed. The parties entered into an agreement that provided for a purchase price of $2.3 million and that the specific property being conveyed depended on completion of the boundary-line adjustment. When the transaction failed to close, the buyers sued the sellers, as well as Jeff and Tim’s client, the sellers’ real estate agent and broker, for misrepresentation and other causes of action. Among other things, plaintiffs alleged that the sellers’ agent misled them about the involvement of the sellers’ maintenance person at the property, who the buyers wrongly assumed was a real estate agent. Early in the case, the court held that there was no binding agreement between buyers and sellers because there was no meeting of the minds as to the specific property being conveyed. Jeff and Tim later moved for summary judgment, arguing that the economic-loss rule barred plaintiffs’ claims; that without a binding agreement, the buyers had no justification for relying on any supposed misrepresentations; and that plaintiffs had suffered no damages, especially since the property’s value had declined in the meantime. The court agreed with all of Jeff and Tim’s arguments and dismissed the action. Their motion for CR 11 attorney fees is pending.

The Lee Smart Quarterly is a publication of the law offices of Lee Smart, P.S., Inc. for clients and others. It is intended as general information only and is not to be construed as legal advice. You should consult an attorney if you have any specific legal questions.

Editor: Jeffrey P. Downer	Eml: jpd@leesmart.com
Phone: 206.621.3482	Toll Free: 877.624.7990