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Ketia B. Wick and Michael A. Guadagno won summary judgment of dismissal in York v. Helpenstell, a medical-malpractice case. Plaintiff alleged damages arising from a knee surgery that the defendants performed in 2002. Prior to the expiration of the three-year statute of limitations, the plaintiff filed suit, alleging lack of informed consent. After the statute had expired, the court dismissed the claim for lack of informed consent but allowed the plaintiff to amend his complaint to add a claim for professional negligence. Ketia and Mike moved to dismiss the new claim, arguing that it violated the statute of limitations. Additionally, Ketia and Mike argued that the new claim did not “relate back” to the original complaint, because the claim for professional negligence focused on the medical procedure itself, while the claim for lack of informed consent focused on the conduct prior to the procedure. The court agreed with Ketia and Mike and dismissed the plaintiff’s claims against their clients.

Christina L. Smith won judgment on the pleadings in Hunt v. Windermere Real Estate of Yelm, a real-estate malpractice case. After buying residential property, plaintiff discovered that defects to the sewer system were more significant than the sellers originally had disclosed to him. On summary judgment, Christina argued that the real estate agent had no duty to discover undisclosed defects in the sewer system and had disclosed all information that the agent possessed on the subject. She also argued that the negligence claims were barred by the economic-loss rule under a new Washington Supreme Court case, Alejandre v. Bull, 159 Wn.2d 674, 153 P.3d 864 (2007). The court agreed and dismissed all claims against Christina’s clients. … Michelle A. Corsi and William R. Kiendl won summary judgment in Borish v. Russell, an appraiser-malpractice action. Plaintiffs bought a house in Gig Harbor and claimed that several parties, including the appraiser, misrepresented the nature and quality of construction. The court agreed with Michelle and Bill that Alejandre defeated plaintiffs’ damage claims under the economic-loss rule. … In Cook v. Apple Park Apartments, Michelle Corsi and Jennifer Lauren won partial summary judgment in a personal-injury lawsuit brought by a tenant against her landlord. Plaintiff claimed that she was exposed to mold while residing in her apartment. On summary judgment, the judge dismissed all claims for negligence and for violation of the Consumer Protection Act and the Residential Landlord-Tenant Act (RLTA). The court agreed with Michelle and Jennifer that there was insufficient medical evidence of those claims. Plaintiff’s sole remaining claim, for breach of contract, is the subject of another pending summary judgment motion.

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
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