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AFFILIATED FM v. LTK CONSULTING SERVICES

No. 82738-9.

243 P.3d 521 (2010)

Certification from the United States Court of Appeals for the Ninth Circuit in AFFILIATED FM INSURANCE COMPANY, a Rhode Island corporation, Plaintiff-Appellant, v. LTK CONSULTING SERVICES, INC., a Pennsylvania corporation, Defendant-Appellee.

Supreme Court of Washington, En Banc.

Decided November 4, 2010.

Attorney(s) appearing for the Case

William E. Pierson Jr. , Law Office of William E. Pierson Jr. PC, Seattle, WA, for Plaintiff.

Brandon Hummel , Steven Stein , Jeffrey Winick , C. Steven Tomashefsky , Stein Ray & Harris LLP, Chicago, IL, Terence J. Scanlan , Skellenger Bender, P.S., Seattle, WA, for Defendant.

FAIRHURST, J.

¶ 1 A fire ignited on the Seattle Monorail System's (Seattle Monorail) blue train in 2004. The monorail's private operating company, Seattle Monorail Services (SMS), suffered millions of dollars in losses. The question presented is whether SMS, which does not own the Seattle Monorail, can bring a tort action against LTK Consulting Services, Inc., an engineering firm that worked on monorail maintenance before the fire, for negligently causing the...

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