ROSS v. KIRNER

No. 79609-2.

172 P.3d 701 (2007)

Fred A. ROSS and Ursala B. Ross, husband and wife, Respondents, v. John F. KIRNER and Jane Doe Kirner, husband and wife, Petitioners, and Clallam Title Company, a Washington corporation, Defendant, and Ticor Title Insurance Company, a California corporation doing business in Clallam County, State of Washington, Respondent.

Supreme Court of Washington, En Banc.

December 13, 2007.


Attorney(s) appearing for the Case

Alan Bradford Hughes, Alan B. Hughes PS, Seattle, WA, David V. Johnson, Johnson Rutz & Tassle, Port Angeles, WA, for Petitioners.

Gregory Louis Ursich, Linville Ursich PLLC, Matthew F. Davis, Attorney at Law, Seattle, WA, for Respondents.


PER CURIAM.

¶ 1 Relying on the merger doctrine, real estate seller John Kirner obtained a summary judgment dismissing a negligent misrepresentation action arising from a purchase and sale agreement. The Court of Appeals reversed, holding that the merger doctrine did not apply to the negligent misrepresentation claim and that Kirner committed negligent misrepresentation. Although we agree with the Court of Appeals that...

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