Rosemary J. Moore, Shareholder

Phone: 206.621.3489
Toll Free: 877.624.7990
Fax: 206.624.5944
Email: rjm@leesmart.com
VCF file

Rosemary J. Moore is a shareholder at Lee Smart.  Rosemary’s practice emphasizes defense of professional malpractice in both civil litigation and in disciplinary proceedings against lawyers, real estate brokers, appraisers and mortgage brokers.  Her practice also focuses on premises liability, employment law, general civil and commercial litigation, insurance coverage, defense of public employees and personal injury.  She is currently licensed to practice law in the State of Washington and the United States District Court in the Western District of Washington.  She is a member of the Washington State Bar Association, and of Washington Defense Trial Lawyers.  Ms. Moore graduated from the University of Lancaster in the U.K. with a B.A. (Honors) in English and continued her education at the Chester and London branches of the College of Law.  Ms. Moore was admitted as a solicitor of the Supreme Court of England and Wales in 1982 and remains on the role of solicitors.  In England Ms. Moore’s practice concentration was plaintiff and defense civil litigation.  She also handled real estate, probate, trust, family law and commercial matters.  Ms. Moore moved to Washington State in 1997 and was admitted to the Washington State Bar the following year.

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Representative Cases

Reported appellate decisions include:  Miller v. Campbell, 164 Wn.2d 529; 192 P.3d 352 (2008); Something Sweet v. Nick-N-Willy’s Franchise Company LLC, 156 Wn. App. 1018 (2010); and Piris v. Kitching, 186 Wn. App. 265, 345 P.3d 13 (2015); and Piris v. Kitching, __Wn.2d __, 375 P.3d 627 (July 7, 2016).

  • Piris v. Kitching, __Wn.2d __, 375 P.3d 627 (July 7, 2016)– Legal malpractice claim dismissed on summary judgment because the plaintiff admitted that he committed the sexual abuse for which he was imprisoned. Therefore he was unable to prove his actual innocence as required under Washington law.  Dismissal affirmed by Division I of the Court of Appeals (186 Wn. App. 265, 345 P.3d 13 (2015)) and by Washington’s Supreme court.
  • Something Sweet v. Nick-N-Willy’s Franchise Company LLC, 156 Wn. App. 1018; (2010). Defense of franchisor’s area developer in claim for franchise rescission for alleged lack of registration.  Dismissal on summary judgment was affirmed by Division I of the Court of Appeals.
  • Martin v. EllisDefense of claim of breach of fiduciary duty and negligence against a personal representative was dismissed on summary judgment and affirmed by Division I of the Court of Appeals. Costs were awarded to Ms. Moore’s client.
  • Bykov v. X,Y,Z – Claims of negligence, negligent hiring, negligent supervision, and claims under 42 USC 1983 dismissed as a matter of law.
  • Rockwell v. X,Y,Z – Claim and breach of contract and gross negligence against property manager dismissed on summary judgment.
  • Lombard v. O’Rourke – Defense of legal malpractice claim involving an underlying property dispute over use of a communal beach. Dismissed on summary judgment.
  • Ferguson v. The Lakeside Group – Personal injury claim of the plaintiff who was hired through his union was dismissed on summary judgment under Washington’s Industrial Immunity Act because plaintiff was held to be an employee. A cross-claim to enforce an indemnity provision was dismissed following a bench trial and affirmed by Division I of the Court of Appeals; costs were awarded to King County under RCW 4.84.330.
  • Miller v. Campbell, 164 Wn.2d 529; 192 P.3d 352 (2008) – Defense of claim of sexual abuse against estate of alleged perpetrator.
  • Carlisle Condominium Homeowners Assoc. v. Lopez – defense of association against counterclaim for breach of contract, wrongful lien and emotional distress. Counterclaim dismissed on summary judgment and judgment entered for the association.
  • Wedgewood v. Vercello ­– Defense of claim against real estate broker under RCW 18.86. Claims of breach of fiduciary duty, tortious interference and breach of the implied duty of good faith and fair dealing dismissed on summary judgment.
  • Alvarez v. XYZ Store – Premises liability claim was dismissed on summary judgment because plaintiff was unable to prove that the store had notice of spilled lotion or that the “self-service” exception applied. Dismissal was affirmed by Division I of the Court of Appeals.
  • Flowers v. Pierce County Fire District No. 17 – Wrongful termination claim where the union decided not to take the claim to arbitration under the collective bargaining agreement. Dismissed for lack of jurisdiction.
  • Alcazar v. Yanez – Defense of claim of employment discrimination. Partial summary judgment dismissal obtained dismissing several causes of action and limiting the scope of the remaining claim.
  • Trudell v. X, XYZ law firm – Legal malpractice claim dismissed on summary judgment because plaintiff-creditors had failed to mitigate their loss by moving for an injunction to prevent debtors moving assets out of state.
  • Bristow v. X, XYZ law firm – Legal malpractice claim dismissed because plaintiff failed to supplement his answers to written discovery.
  • Krause v. Sunbelt Rentals, Inc. – Defense of product liability claim arising from an injury at a construction site; third party defendant’s motion for dismissal of client’s third party claim was denied on summary judgment.
  • Hartford v. Schwartz – plaintiff voluntarily dismissed subrogation suit because claim was barred under terms of insured’s sub-lease.
  • Cleland v. John L. Scott– Real estate malpractice claim where buyers alleged negligent representation, common law fraud and fraudulent concealment. All claims dismissed on summary judgment.
  • Rocky Mountain v. Litchman – Claim of real estate malpractice involving allegation of negligent misrepresentation as to boundary line. Dismissed on summary judgment.
  • Carlson v. Zorb – Another real estate malpractice claim where claims of fraudulent concealment and breach of the Consumer Protection Act were dismissed.
  • Warren v. XYZ – Personal injury claim arising from slip-and-fall in a wet parking lot was dismissed on summary judgment.
  • Bradley v. Tudor – Defended real estate malpractice claim where plaintiffs entered voluntary dismissal on receipt of defense motion for dismissal.
  • CTG v. X – Defended appraisal malpractice claims. Claims of breach of contract and breach of the Consumer Protection Act dismissed on summary judgment.
  • Wandermere v. XYZ – Defended claim of accountancy malpractice.
  • Morasch v. X – Defended claims of malpractice against a real estate and mortgage broker.
  • Donn v. X – Defended claims of real estate broke malpractice and breach of RCW 64.34, Condominium Act.
  • Hogan v. XYZ Store – Defense of claims of false imprisonment, assault, battery, negligent supervision, and hiring.
  • Baskerville v. Beck – Defense of claims of race discrimination, wrongful arrest and assault.
  • K & M v. Union Recovery – Defense of claim of legal malpractice involving sale of intellectual property.
  • Mendoza v. Danilov – Defense of legal malpractice claim arising from practice of immigration law.
  • Mayfield v. PSC – Defended security guard from allegation of assault and excessive force.
  • Glenn v. Straightahead Shelter – Assisted in defense of personal injury claim in State of Oregon.

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Practice Areas

Education

College of Law, Chester & London

University of Lancaster, England

Admissions

  • Washington State Bar, 1998
  • Admitted to Supreme Court of England & Wales, 1983
  • Ninth Circuit Court of Appeals
  • United States District Court, Western District of Washington
  • Solicitor of the Supreme Court of England & Wales

Professional & Civic Affiliations

  • Washington State Bar Association
  • Washington Defense Trial Lawyers
  • Law Society of England  & Wales
  • Claims and Litigation Management Alliance
  • Professional Liability Underwriting Society (PLUS)

Speaking Engagements / Presentations

  • 2016 Claim & Litigation Management Alliance (CLM), “Let me Help You – Out of a Million Dollars: the Truth about Volunteer Liability and Risk Management.
  • 2016 NBI Employment Seminar “Current Legislative Updates, Case Law and Enforcement Priorities.”
  • 2013 NBI Employment Seminar – Legislative Updates and new Case Law.