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In Glisan Housing Partners v. R&H Const. v. Vallaster Corl Architects, Steven G. Wraith and Rebecca S. Izsak won dismissal of all claims against their client, an architecture firm, from a more than $10 million construction-defect case involving three buildings in Portland, Oregon. Steve and Rebecca moved to dismiss and argued that there was no special relationship between the architectural firm and the plaintiff general contractor that would allow the contractor to sue it for negligent design and contract administration. The court agreed and dismissed the claims against the architects.

Bradley D. Westphal recently won two cases. In Dunham v. Posch, a timber-trespass action, defendants’ handyman had inadvertently cut trees and shrubbery on plaintiff's property. Defendants had paid plaintiff $2,800 of their own money to compensate for the damage and for cleanup costs and obtained plaintiff’s signature on a release, which they had drafted themselves, that said that it was a “full release for damage done.” Plaintiff sued anyway. Brad moved for summary judgment and argued that the payment and release amounted to an accord and satisfaction. Plaintiff argued that a part of the release had been redacted and that the release failed to address her right to treble damages. The court granted the motion and dismissed the action. … In the arbitration of Le v. Le, Brad Westphal’s client contended that a dog ran into the roadway and caused him to swerve and hit a guardrail. His brother was a passenger and later sued him for personal injuries. Brad argued that his client was confronted with an emergency and had to choose between running over a dog and hitting a guardrail and should not be liable. The arbitrator agreed.

Gregory P. Turner and Patrick H. Oishi won summary judgment in McDonald v. Jack in the Box. Plaintiff arrived at a Jack in the Box restaurant and demanded service at a drive-through window, but he was refused service due to the hour of night. Plaintiff immediately became upset and began yelling obscenities while trying to grab at the restaurant manager through the restaurant’s window. Police later placed the uncooperative plaintiff under arrest. Plaintiff claimed defamation, based on misleading statements that that restaurant employees supposedly made to the 911 operator and responding officers. The court agreed with Greg and Pat that there was no proof of that allegation and granted their motion for summary judgment.

Jeffrey P. Downer and Pat Oishi won dismissal in DOL v. Erdmann, a recent Department of Licensing proceeding against two real estate agents. The complaining party was the seller of commercial property. He alleged that his agent engaged in improper dual representation, proffered financial incentives to the buyers without his consent, and disclosed client confidences to the buyers. He alleged that the buyer’s agent, who was seller’s agent’s daughter, was improperly working in concert with the seller’s agent as his trainee. The Department disagreed with the complainant, found insufficient evidence to pursue any disciplinary action, and granted Jeff and Pat’s request to end its investigation and close its file.

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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