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TRANSALTA CENTRALIA GENERATION LLC. v. SICKLESTEEL CRANES, INC.

Nos. 33210-8-II, 33520-4-II.

142 P.3d 209 (2006)

TRANSALTA CENTRALIA GENERATION LLC, a Washington limited liability company; Transalta Corporation, a Canadian corporation; and Transalta Energy Corporation, a Canadian corporation, Petitioners, v. SICKLESTEEL CRANES, INC., a Washington corporation; PSF Industries, Inc., a Washington corporation; Demag Mobile Cranes GMBH & Co. KG, a German corporation; and Mannesmann Dematic Corporation, now known as Demag Cranes & Components Corporation, a Michigan corporation, Respondents. Zurich American Insurance Company, as subrogee of TransAlta Centralia Generation, LLC, Plaintiff in Intervention, v. Sicklesteel Cranes, Inc., Defendant.

Court of Appeals of Washington, Division 2.

August 29, 2006.

Attorney(s) appearing for the Case

William Alan Kinsel, Law Offices of William A. Kinsel PLLC, Seattle, WA, for Petitioners.

George M. Shumsky, Shumsky & Backman, Vancouver, WA, for Plaintiff in Intervention.

Deborah Lynn Carstens, E. Pennock III Gheen, Jerret E. Sale, Shawnmarie Yates, Bullivant Houser Bailey PC, Mark Carl Dean, Kingman, Peabody, Fitzharris, & Ringer P, Matthew Taylor Boyle, Mitchell Lang & Smith, Kenneth M. Roessler, Roy Andrew Umlauf, Forsberg & Umlauf, Seattle, WA, for Respondents.

OPINION PUBLISHED IN PART

PENOYAR, J.

¶ 1 TransAlta Centralia Generation, LLC, et al. (TransAlta) appeal from two grants of summary judgment in favor of Sicklesteel Cranes, Inc. (Sicklesteel), et al. for TransAlta's failure to mitigate damages and foreign exchange losses. TransAlta sued Sicklesteel, et al. for negligence, violation of the Washington Products Liability Act, breach of contract, and foreign exchange losses resulting from a construction...

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