Around The Firm

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Jeffrey P. Downer and Rosemary J. Moore won summary judgment on behalf of a real estate agent and broker in Carlson v. Zorb. Plaintiffs bought a home that had a serious rodent infestation. They sued the sellers, their home inspector, and the real estate agents and brokers. They alleged negligent misrepresentation, fraudulent concealment, negligent infliction of emotional distress, and violation of the Consumer Protection Act against Jeff and Rosemary’s clients. Rosemary deposed plaintiffs and determined that they had no facts to show that the real estate professionals had any reason to know of the problem. Jeff and Rosemary moved for summary judgment, and the court granted the motion.

Jeffrey Downer and Timothy D. Shea won the appeal of Miller v. Costco Wholesale Corp. Plaintiff tripped on a rock in a Costco parking lot, fell, and tore a rotator cuff and broke his hand. Jeff and Tim won summary judgment because the plaintiff actually knew of the condition and could have protected against it. The Court of Appeals affirmed.

… Jeffrey Downer and Allison L. Micheli won summary judgment for a real estate agent and broker in Sadowsky v. Carpenter. Plaintiffs bought a house, were contractually entitled to a walk-through a few days before closing, and had their real estate agent request the walk-through from the sellers’ real estate agent. Sellers and their agent refused. Plaintiffs moved into the house and found it filthy and in need of numerous repairs. They sued the sellers, the sellers’ agent and broker, and their own agent, whom Jeff and Allison represented. Jeff and Allison moved for summary judgment, arguing that the agent had discharged her legal duties, that the economic-loss rule barred plaintiffs’ claims for negligence, fraud, and violation of the Consumer Protection Act, and for an award of attorney fees because the action was frivolous. The economic-loss rule prevents recovery of purely economic damages in tort; they are recoverable only in contract claims. The court agreed and dismissed the claims against Jeff and Allison’s client. Plaintiffs moved for reconsideration, which was denied. … Jeff Downer and Allison Micheli also won a CR 12(b)(6) motion to dismiss for failure to state a claim in Equs v. Hanson, an appraiser-malpractice claim. Plaintiff invested in two mortgages that totaled $500,000, for a house that had sold for $500,000, so that if the property’s value dropped, there was not enough equity in the home to secure the debt to plaintiff. The home buyer defaulted. Plaintiff sued the buyer, the mortgage broker, and the appraiser, whom Jeff and Allison represented. Plaintiff alleged professional negligence and negligent misrepresentation against the appraiser for allegedly overvaluing the property. Jeff and Allison moved to dismiss the claims against the appraiser based on the economic-loss rule. The court agreed and dismissed the case.

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
Phone: 206.621.3482	Toll Free: 877.624.7990