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DAVIS v. BAUGH INDUS. CONTRACTORS, INC.

No. 76696-7.

150 P.3d 545 (2007)

Tami DAVIS, as Personal Representative of the Estate of Alan Davis, deceased; and as Trustee for Tami Davis and Melissa Davis for the Wrongful Death of their Father, Alan Davis, Appellants, v. BAUGH INDUSTRIAL CONTRACTORS, INC., a Washington corporation; Selpeco Resources, Inc. and Selpeco Resources, Inc.—A Knight Piesold Company, Washington corporations; Tucci & Sons, Inc., a Washington corporation; E.J. Rody & Sons, Inc., a Washington corporation, Gray & Osborne, Inc., a Washington corporation; Taiheiyo Cement Corporation and Taiheiyo Cement U.S.A., Inc., foreign corporations; Weyerhaeuser Company and Weyerhaeuser Real Estate Company, Washington corporations; and "Unknown Business Entities I-X," jointly and severally, Respondents.

Supreme Court of Washington, En Banc.

Decided January 18, 2007.

Attorney(s) appearing for the Case

Philip Albert Talmadge, Emmelyn Hart-Biberfeld, Talmadge Law Group PLLC, Tukwila, Scott Frederick Lundberg, Seattle, for Appellants.

Sean Edward Michael Moore, Francis Stanley Floyd, Amber L. Pearce, Floyd & Pflueger PS, Frank Joseph Steinmark, Chism Thiel McCafferty Campbell & Steinmar, Tracy A. Duany, Mullin Law Group PLLC, William Walter Spencer, Murray Dunham & Murray, Randall Robert Steichen, Dorsey & Whitney LLP, Dave Arnold Matison, Seattle, Brendan Jay Peters, Bainbridge Island, Shellie McGaughey, Gulliford McGaughey & Dunlap PLLC, Bellevue, for Respondents.

Bryan Patrick Harnetiaux, Debra Leigh Williams Stephens, Spokane, for Amicus Curiae Washington State Trial Lawyers Association Foundation.

CHAMBERS, J.

¶ 1 We are asked whether the common law doctrine of completion and acceptance, which shields contractors from liability for negligent work after that work has been completed and accepted by the property owner, bars this suit against Baugh Industrial Contractors, Inc., for negligent construction of a pipeline. Finding that this doctrine is outmoded, incorrect, and harmful, we now join the 37 states that have abandoned it. We reverse the superior court...

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