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LIBERTY FURNITURE v. SONITROL OF SPOKANE

No. 9384-1-III.

53 Wn. App. 879 (1989)

770 P.2d 1086

LIBERTY FURNITURE, INC., Respondent, v. SONITROL OF SPOKANE, INC., Appellant.

The Court of Appeals of Washington, Division Three.

As amended by order April 25, 1989.

Attorney(s) appearing for the Case

Richard Hayes and MacGillivray & Jones, for appellant.

Carl J. Oreskovich and Hemovich, Nappi, Oreskovich & Butler, for respondent.

[As amended by order of the Court of Appeals April 25, 1989.]

MUNSON, J.

The sole issue is the level of conduct which must be proved in order to invalidate a contractual exculpatory clause for negligence. Sonitrol of Spokane, Inc., contends it requires willful or wanton misconduct; Liberty Furniture, Inc., contends gross negligence is sufficient. We agree with Liberty's contention and affirm.

In June 1979, Liberty entered into a contract with Sonitrol...

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