AMBACH v. FRENCH

No. 81107-5.

216 P.3d 405 (2009)

Teresa AMBACH and Michael Ambach, wife and husband, individually and the marital community composed thereof, Respondents, v. H. Graeme FRENCH, M.D. and Jane Doe French, individually and the marital community composed thereof; Kelly Landle, Pac and John Doe Landle, individually and the marital community composed thereof; Three Forks Orthopaedics, P.C., a Washington professional corporation; Whitman County Public Hospital District No. 3, d/b/a Whitman Hospital and Medical Center; John and Jane Does 1-10; Jonathan P. Keeve, M.D.; Northwest Orthopaedic Specialists, P.S., a Washington professional service corporation; and Karlene A. Arguinchona, M.D., Petitioners.

Supreme Court of Washington, En Banc.

Decided September 24, 2009.


Attorney(s) appearing for the Case

Kristin Margret Houser, James D. Hailey, Lindsay L. Halm, Schroeter Goldmark Bender, Seattle, WA, Patrick Kie Fannin, Spokane, WA, for Respondents.

Stephen Craig Haskell, Stephen Haskell Law Offices PLLC, D. Roger Reed, Reed & Giesa, Spokane, WA, for Petitioners.

Stewart Andrew Estes, Keating Bucklin & McCormack, Erin Healy Hammond, Fain Sheldon Anderson & VanDerhoef PLLC, Carol Sue Janes, Bennett Bigelow & Leedom PS, Seattle, Amicus Curiae on behalf of Washington Defense Trial Lawyers.

George M. Ahrend, Dano Gilbert & Ahrend PLLC, Moses Lake, Bryan Patrick Harnetiaux, Spokane, Amicus Curiae on behalf of Washington State Association for Justice Foundation.

Mary H. Spillane, Daniel W. Ferm, Williams Kastner & Gibbs PLLC, Seattle, Amicus Curiae on behalf of Washington State Medical Association, American Medical Association, and Physicians Insurance a Mutual Company.


MADSEN, J.

¶ 1 In this case we are asked to decide whether the increased cost a consumer pays for surgery instead of alternative medical treatment constitutes an injury to "business or property" as it is used in Washington's Consumer Protection Act (CPA), chapter 19.86 RCW. Where the increased costs are incurred as a result of a personal injury, we hold that the monetary injury cannot be separated from the personal injury and a claim under the CPA cannot be maintained...

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