ESCA CORP. v. KPMG PEAT MARWICK

No. 37012-0-I.

939 P.2d 1228 (1997)

86 Wash.App. 628

ESCA CORPORATION, a Washington corporation; Respondent, Amelinc Corporation, a Delaware corporation; Plaintiff, and Seattle-First National Bank, a national banking association, Respondent, v. KPMG PEAT MARWICK, a New York State general partnership, Appellant.

Court of Appeals of Washington, Division 1.

June 9, 1997.


Attorney(s) appearing for the Case

Evan L. Schwab, Lucy Power Slyngstad Isaki, Margarita V. Latsinova, Bogle & Gates, P.L.L.C., Seattle, and Roger A. Leishman, Chicago, IL, for Appellant.

Bruce E. H. Johnson, Davis Wright Tremaine and Jerry N. Stehlik, Bucknell & Stehlik, Seattle, for Respondents.


GROSSE, Judge.

We hold that the principle of comparative fault applies to a cause of action for negligent misrepresentation. In so doing, we affirm a verdict awarding Seattle First National Bank (Seafirst) damages from KPMG Peat Marwick (KPMG) for negligence in the preparation of an audit, reduced by 60 percent, the percentage of fault attributed to Seafirst for its own negligence. Additionally, we reject KPMG's challenge to the verdict on the basis of the jury's...

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