BRUCE v. BYRNE-STEVENS & ASSOCS. ENGINEERS, INC.

No. 55250-9.

113 Wn.2d 123 (1989)

776 P.2d 666

ROBERT L. BRUCE, ET AL, Respondents, v. BYRNE-STEVENS & ASSOCIATES ENGINEERS, INC., ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

July 20, 1989.


Attorney(s) appearing for the Case

Kane, Vandeberg, Hartinger & Walker, by Harold T. Hartinger, for petitioners.

Sinnitt & Sinnitt, P.S., by Paul Sinnitt, for respondents.

Russell C. Love on behalf of Washington Defense Trial Lawyers, amicus curiae for petitioners.

Robert H. Whaley and Bryan P. Harnetiaux on behalf of Washington State Trial Lawyers Association, amici curiae for respondents.


DORE, J.

We hold that an engineer who testified as an expert witness on behalf of respondents at a previous trial is entitled to immunity from suit based on his testimony.

FACTS

Respondents Bruce and Smallwood own separate parcels of property on Clear Lake in Pierce County. In 1979 a neighbor, John Nagle, conducted excavation work on his property, resulting in subsidence in the soil of the Bruce and Smallwood properties. They sued Nagle and retained...

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