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BORISH v. RUSSELL

No. 37596-6-II.

230 P.3d 646 (2010)

Richard and Penny BORISH, husband and wife, Appellants and Cross-Respondents, v. Kristy M. RUSSELL and John Doe, and their marital community, Respondents and Cross-Appellants, Keith R. and Jodi T. Olson, husband and wife and their marital community, Respondents, John L. Scott, Inc.; Kimberly Gartland and John Doe, and their marital community; Stephen Bono and Jane Doe, and their marital community; and Jim O'Brien and Jane Doe, and their marital community, Defendants.

Court of Appeals of Washington, Division 2.

May 4, 2010.

Attorney(s) appearing for the Case

Douglas S. Tingvall, Attorney at Law, Newcastle, WA, for Respondents.

Matthew F. Davis, L'nayim Shuman-Austin, Attorneys at Law, Seattle, WA, for Appellants and Cross-Respondents.

Joel Evans Wright, Michelle Anastasia Corsi, William Roger Kiendl, Lee Smart PS Inc., Seattle, WA, for Respondents and Cross-Appellants.

QUINN-BRINTNALL, J.

¶ 1 Home purchasers Richard and Penny Borish brought negligent misrepresentation claims against sellers Keith and Jodi Olson and appraiser Kristy Russell. The trial court granted summary judgment in favor of the Olsons and Russell based on the economic loss rule. The Borishes appeal, arguing that the trial court improperly applied the economic loss rule. We disagree. The trial court properly applied the economic loss rule

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