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Joel E. Wright and Stacy D. Heard prevailed before Division One of the Court of Appeals in the legal malpractice case, Berry v. Fleury. Joel and Stacy had won partial summary judgment of dismissals in Superior Court, and plaintiff appealed. Plaintiff claimed that his former attorney in a family law case violated the Consumer Protection Act. Plaintiff also claimed that he suffered emotional distress, business losses, and alienation of his children. The Court of Appeals affirmed the Superior Court’s dismissals of plaintiff’s claims.

Francis X. Olding won at trial in Haynes v. Calvert, a boundary dispute. A survey taken by the defendant showed a discrepancy between the survey and the existing boundary fence. After the defendant tried to move the boundary fence by force, Frank sued, won a restraining order, and proceeded to trial. Before trial, Frank defeated defendant’s motion for dismissal, in which defendant claimed that that the land belonged to the Muckleshoot Tribe and that the court lacked jurisdiction. At trial, Frank used ancient county records and other evidence, including a site visit by the judge, to prove the recognized boundary. The court ruled in favor of Frank’s client, ordered the defendant ejected from the land, quieted title in favor of plaintiff and awarded damages for the defendant’s improper occupation of the land. … Michelle A. Corsi has won victories in a pair of real estate malpractice actions. In Colberg v. Windermere, the plaintiff home buyer sued for nondisclosure of defects in the septic system. Michelle successfully moved for summary judgment because her client, the listing agent, had no knowledge of such defects. And in LaWall v. Home Realty, the plaintiff property buyers sued for a variety of defects in the home. The court granted partial summary judgment to Michelle’s client, agreeing that the real estate agent was not liable for failure to disclose.

Kenneth E. Hepworth successfully defended claims brought against an excavation contractor in Leland Hyatt Const. v. Port of Sunnyside v. Sunnyside Valley Irr. Dist. The lawsuit arose out of the Sunnyside Municipal Airport Runway Safety Project. The Port of Sunnyside hired Sunnyside Valley Irrigation District to lay 1,400 feet of 54-inch pipe in a ditch. The Port later hired Hyatt to backfill the ditch to grade. After the work was completed, the Port learned that 160 feet of the pipe had collapsed. Hyatt had to sue to collect the balance due under its contract with the Port. The Port counterclaimed that Hyatt breached its contract with the Port by failing to properly backfill and compact the ditch, resulting in the damage to the pipe. The Port also brought a third-party complaint against the Irrigation District. The jury agreed with Ken that the pipe collapsed due to the conduct of the Irrigation District, not Hyatt. … Ken Hepworth also won in Beckett v. Demopolis. Ken’s client, a lawyer, sued his former client to collect unpaid legal fees. The ex-client counterclaimed for breach of contract, breach of fiduciary duty, and professional negligence. The court agreed with Ken that there was no merit to any of the counterclaims and dismissed them with prejudice on summary judgment.