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FLINT v. HART

No. 13837-2-III.

917 P.2d 590 (1996)

82 Wash.App. 209

Gordon M. FLINT, Respondent, v. Paul E. HART and Jane Doe Hart, his wife; Stephen R. Winfree and Jane Doe Winfree, his wife; and Hart & Winfree, a Washington general partnership, f/k/a Hart, Winfree & Delorie, Appellants.

Court of Appeals of Washington, Division 3, Panel Four.

June 4, 1996.

Attorney(s) appearing for the Case

Sam B. Franklin, Lee, Smart, Cook, Martin & Patterson, Seattle, for appellants.

Robert B. Gould, Gloria-Rose James, Law Office of Robert B. Gould, Seattle, for Respondent.

SWEENEY, Chief Judge.

Under current Washington law, if a plaintiff exercises independent business judgment and elects not to pursue an available legal remedy, the defendant's wrongful act cannot be the proximate cause of the plaintiff's damages. Horn v. Moberg, 68 Wn.App. 551, 558, 844 P.2d 452, review denied, 121 Wn.2d...

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