SMITH v. SHOWALTER

No. 7644-0-III.

47 Wn. App. 245 (1987)

734 P.2d 928

KENNETH A. SMITH, ET AL, Appellants, v. GERALD SHOWALTER, ET AL, Respondents.

The Court of Appeals of Washington, Division Three.

March 17, 1987.


Attorney(s) appearing for the Case

J. Scott Timmons and Timmons, Hames & Hollenbeck, for appellants.

George Fearing and Leavy, Schultz & Sweeney, for respondents.


THOMPSON, A.C.J.

Gerald and Rose Marie Showalter's motion for summary judgment was granted on the basis that any cause of action the Smiths might have had was barred by the builders' statute of repose, RCW 4.16.310. The Smiths appeal, contending under the facts of this case, the action is not barred. We agree and reverse.

In 1975, the Showalters began construction on their home in Kennewick, Washington. When first occupied by them in 1975, it was approximately...

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