Around The Firm

Lee Smart is growing again. The firm has hired several new associates in the past few months: Mark A. Horey, Allison L Micheli, Stefanie L. Peppard, Timothy D. Shea, and Wayne Vavrichek.

Sam B. Franklin and William R. Kiendl won summary judgment of dismissal in Stephenson v. America One Finance, et al. Sam and Bill’s client, a Puyallup attorney, was sued by a bankruptcy debtor. The debtor alleged emotional distress and Consumer Protection Act theories relating to a mortgage-refinancing transaction. Sam and Bill showed that the debtor’s allegations were conclusory and assumed the existence of fraud, when the debtor had no admissible evidentiary facts supporting any of her theories.

Jeffrey P. Downer and Timothy D. Shea won summary judgment in Miller v. Costco, a premises-liability action. Plaintiff tripped on river rock in the asphalt parking lot of the Wenatchee Costco warehouse. He suffered a shoulder injury that required surgery and incurred about $75,000 in medical bills. The rocks had spilled from landscaping in a parking island. Plaintiff had seen and complained about the rocks on other occasions. The court agreed with Jeff and Tim that since plaintiff actually knew of the allegedly dangerous condition, he could have protected himself against it, and Costco therefore was not liable for the injury.

Jeff Downer and Carrie M. Bixel successfully defended Alford v. Telford, a real estate malpractice claim. Plaintiffs bought a house that had standing water in the crawlspace of an addition. They claimed that they did not receive the legally required disclosure statement from the seller and that their real estate agent wrongly told them that no disclosure statement was necessary. After moving into the house, they discovered that the standing water could not be remedied with just a sump pump; the water caused settling of the structure and mold throughout the addition, which would have to be torn down and replaced for about $115,000. But at their depositions, plaintiffs conceded that they had purchased the property subject to an inspection, that they looked to the inspector rather than to the real estate agents to determine the home’s condition, and that they agreed in the purchase and sale agreement that they were not relying on any representations by the real estate agents. The day after plaintiffs’ depositions, Jeff persuaded plaintiffs’ counsel to drop the case.

Washington Law & Politics magazine has recognized several Lee Smart attorneys as “Superlawyers” again this year for their high degree of excellence in the profession. Based on the magazine’s independent research and surveys of the attorneys’ professional peers, the magazine named David L. Martin, Joel E. Wright, Jeffrey P. Downer, and Sam B. Franklin as Superlawyers for 2008. Washington Law & Politics also continues to recognize Lee Smart’s up-and-coming younger lawyers. The magazine’s “Rising Stars” Lawyers are asked to nominate the best attorneys who are 40 or under, or who have been practicing for 10 years or less. Washington lawyers are asked to nominate lawyers they have personally observed in action, as opposing counsel or co-counsel, or through other firsthand courtroom observation. Only 2.5 percent of practicing attorneys can earn the distinction. The magazine’s Rising Stars for 2008 include Lee Smart lawyers Ketia B. Wick and Janine E. Leary.

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
Phone: 206.621.3482	Toll Free: 877.624.7990