OWENS v. HARRISON

No. 52478-0-I.

86 P.3d 1266 (2004)

Harry A. OWENS, Appellant, v. Max HARRISON and "Jane Doe" Harrison, and the marital community composed thereof, Respondents.

Court of Appeals of Washington, Division 1.

April 5, 2004.


Attorney(s) appearing for the Case

Charles D. Williams, Federal Way, WA, for Appellant.

David Martin, Alison Killebrew, Seattle, WA, for Respondents.


AGID, J.

Harry Owens appeals a trial court order dismissing his malpractice action on summary judgment. He asserts the court erred by requiring him to allege and prove he was innocent of the crime for which he was convicted as part of his criminal malpractice claim and by dismissing his breach of contract claim without a legal basis. But because we adhere to the rule that a criminal malpractice plaintiff must demonstrate his innocence and Owens' claim is in tort rather...

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