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COX v. O'BRIEN

No. 37194-4-II.

206 P.3d 682 (2009)

Terrance S. COX and Julie K. Cox, husband and wife, Appellants, v. James H. O'BRIEN and Jane Doe O'Brien, husband and wife, dba O'Brien Home Inspection Services, Respondents, O'Brien Home Inspection Services, Third Party Plaintiff, v. Danny D. Demers and Mary I. Demers, husband and wife, and the marital community composed thereof, Third Party Defendants, Danny D. Demers and Mary I. Demers, husband and wife, and the marital community composed thereof, Fourth Party Plaintiffs, v. Terrance S. Cox and Julie K. Cox, husband and wife, Fourth Party Defendants.

Court of Appeals of Washington, Division 2.

May 5, 2009.

Attorney(s) appearing for the Case

William Henry Broughton, Broughton & Singleton Inc. PS, Silverdale, WA, for Appellants.

Gregory John Wall, Gregory J. Wall & Associates PLLC, Port Orchard, WA, for Respondents.

Peter B. Klipstein, Merrick Hofstedt & Lindsey, Seattle, WA, for Other Parties.

HUNT, J.

¶ 1 Terrance and Julie Cox appeal the trial court's dismissal of their Plaintiff/Fourth Party Defendant claims against Danny and Mary DeMers, based on unknown structural damage in a 23-year-old house that the Coxes purchased from the DeMers for which the Coxes waived a home inspection. The Coxes argue that the trial court erred in (1) invalidating pest inspector O'Brien's "indemnity agreement" with them and the DeMers as contrary to the economic loss...

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