Docket No. 83690-6 (from Court of Appeals Division III Case No. 27201-0) Facts: Petitioner Elcon Construction, Inc. entered into a contract with respondent Eastern Washington University to refurbish Eastern Washington University’s on campus wells in order to increase the wells’ yields. After work began and Elcon Construction discovered that it would have to drill significantly deeper than it had anticipated in order to complete the project, it demanded payment for increased costs. Eastern Washington University refused and instead terminated the contract for cause on grounds that Elcon Construction had damaged one of the wells. Eastern Washington University also sent a copy of its letter informing Elcon Construction that it was terminating the contract for cause to Elcon Construction’s bond surety. Asserting breach of contract, fraud, and tortious interference with a businesss relationship, Elcon Construction subsequently filed suit against Eastern Washington University in the Superior Court for Spokane County. After an arbitrator ruled in favor of Elcon Construction with regard to its breach of contract claim and awarded it $1,837,000 in damages, Elcon Construction pursued its tort claims in the superior court. The superior court granted summary judgment for Eastern Washington University, ruling that Elcon Construction’s tort claims are barred by the independent duty doctrine. Continue reading
Docket No. 81590-9 (from Court of Appeals Division I Case No. 58511-8) Facts: Petitioner Alex Salas filed suit against his former employer, respondent Hi-Tech Erectors, in the Superior Court for King County after being injured in the workplace. Continue reading
Docket No. 81812-6 (from Court of Appeals Division I Case No. 60158-0) Facts: Respondent Andrea Shoemake filed suit against her former attorney, petitioner Douglas Ferrer, in the Superior Court for King County after Ferrer’s negligence resulted in Shoemake failing to collect a settlement she was owed as a result of injuries she sustained in an automobile accident caused by a drunk driver. Continue reading
Docket No. 82738-9 (from Court of Appeals Division I Case No. 57445-1) Facts: After a fire causing significant damage broke out on the Seattle Monorail the monorail’s operating company, Seattle Monorail Services, was reimbursed for the damage by its insurer, petitioner Affiliated F.M. Insurance Company. Continue reading
Docket No. 81977-7 (from Court of Appeals Division II Case No. 34995-7) Facts: Petitioner Linda Eastwood filed suit against respondent Horse Harbor Foundation, Inc. and its directors in the Superior Court for Kitsap County after Horse Harbor Foundation failed to properly maintain property that it leased from Eastwood. Continue reading
Docket No. 77707-1 (from Court of Appeals Division III Case No. 22931-9) Synopsis: Can a court award damages for injuries sustained after a continuing trespass case is filed? Continue reading