1515-1519 LAKEVIEW BLVD. v. APARTMENT SALES

No. 45241-0-I.

9 P.3d 879 (2000)

1515-1519 LAKEVIEW BOULEVARD CONDOMINIUM ASSOCIATION, a Washington corporation, Robert A. Ferguson, Douglas A. Taylor, Bruce E. Curnutt, Bruce A. McLaughlin, Frank Y. Fukui and Penny Fukui, husband and wife and the marital community composed thereof, Appellants, v. APARTMENT SALES CORPORATION, a Washington corporation, Michael K. Williams and Jane Doe Williams, husband and wife and the marital community composed thereof, Gordon Capretto and Jane Doe Capretto, husband and wife and the marital community composed thereof, Geotech Consultants, Inc., a Washington corporation, Stephen Sullivan, d/b/a Stephen Sullivan Architects, Martha Rose d/b/a Rose Construction Management, Gary Swenson and Jane Doe Swenson, husband and wife and the marital community composed thereof, and RSP/EQE, Inc., a Washington corporation, and the City of Seattle, a municipal corporation, Respondents.

Court of Appeals of Washington, Division 1.

September 18, 2000.


Attorney(s) appearing for the Case

Rand Koler, Kevin Ireland, Seattle, for Appellants.

Stephen Goodman, Graham & Dunn, Seattle, Mark O'Donnell, Attorney at Law, Seattle, Charles Willmes, Seattle, Scott Fletcher, Douglas Green, Hight, Green & Yalowitz, Seattle, Marcia Nelson, Assistant City Attorney, Seattle, for Respondents.


WEBSTER, J.

The appellants (Homeowners) own real property severely damaged by a landslide that occurred in early 1997. Homeowners brought suit against the City of Seattle and others. In its motion for summary judgment, the City argued that a recorded covenant waived all their negligence claims. The City also argued that the public duty doctrine and the assumption of the risk doctrine bar the Homeowners' negligence claims. The...

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