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Jeffrey P. Downer won summary judgment in City of Orting v. Cascadia Dev. Corp. He represented a city that several years earlier had entered into a development agreement to provide sewer service to a development outside its city limits. The agreement was signed without the required public hearing and authorizing ordinance, and it contained one-sided terms in favor of the developer that violated statutes governing the city's legal authority to set rates. The city sought declaratory judgment that the agreement was invalid. The developer counterclaimed for an estimated $35 million to $100 million in damages. Both parties moved for summary judgment on whether the agreement was binding. The court agreed with Jeff that the agreement was not enacted according to several statutory requirements and was void. Also working on the successful summary judgment motion were Christina L. Smith, Jenny M. Downey, and Matthew R. Lincecum.

Jeff Downer and Michael A. Guadagno also won summary judgment in Schneider v. Costco Wholesale Corp., in which a Costco patron hit plaintiff in the leg with a shopping cart. Plaintiff later developed necrotizing fasciitis, or flesh-eating bacteria, in the leg. He underwent four surgeries and incurred more than $110,000 in medical bills. Jeff and Mike moved for summary judgment because Costco had no legal duty to prevent this unavoidable accident between two customers. They then learned during discovery that plaintiff possessed no hard evidence that the accident caused the necrotizing fasciitis; they therefore brought another motion for summary judgment to dismiss plaintiff's claim that the accident caused that condition. The court granted both motions and dismissed the case. … Jeff Downer and Derek M. Johnson won summary judgment of dismissal in McVicker v. Costco, in which plaintiff sued for injuries she suffered after she touched a product display that then fell on her and caused her to tear ankle ligaments. The court agreed that the display did not present an unreasonably dangerous condition and that Costco had no reason to think that plaintiff would fail to protect herself against it.

The Lee Smart Quarterly is a publication of the law offices of Lee, Smart, Cook, Martin & Patterson, 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
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