GARZA v. McCAIN FOODS, INC.

No. 22276-4-III.

103 P.3d 848 (2004)

Heidi GARZA and Ruben Garza, husband and wife, Appellants, v. McCAIN FOODS, INC., a foreign corporation, Defendant, The Horsley Company, a Utah corporation, and PCE Enterprises, Inc., a Washington corporation, Respondents.

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

December 28, 2004.


Attorney(s) appearing for the Case

David B. Trujillo, Law Offices of David B. Trujillo, Yakima, WA, for Appellant.

David L. Martin, Frank A. Cornelius, Jr., Alison H. Killebrew, Lee, Smart, Cook et al, Seattle, WA, Jennifer D. Gaffaney, Michael L. Haman, Quane, Smith LLP, Coeur D'Alene, ID, for Respondents.


SCHULTHEIS, J.

This is a personal injury suit. Our disposition turns on whether two contractors are insulated from liability by Washington's version of the completion and acceptance doctrine. That doctrine insulates a contractor from negligence claims if its work is completed and accepted by the owner, and done strictly according to the owner's specifications. We conclude that the doctrine does not apply here because a question of fact remains as to whether the construction...

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