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JACKSON v. CITY OF SEATTLE

No. 64244-8-I.

244 P.3d 425 (2010)

James H. JACKSON and C.R. Hendrick, a marital community, Appellants, v. The CITY OF SEATTLE, a Washington municipal corporation; Plaintiffs, and Trenchless Construction Services, L.L.C., a Washington Limited Liability Company, and QPS, Inc., a Washington corporation, which does business in Seattle, King County, Washington as "Quality Plumbing," Respondents.

Court of Appeals of Washington, Division 1.

November 22, 2010.

Attorney(s) appearing for the Case

Larry L. Setchell , Benjamin Ta-Shin Shih , Helsell Fetterman LLP, Seattle, WA, for Appellants.

Kathleen Boyle , Themis Litigation Group, Gregory Fuller , Seattle City Attorney's Office, Seattle, WA, Shellie McGaughey , McGaughey Bridges Dunlap PLLC, Bellevue, WA, for Respondents.

BECKER, J.

¶ 1 The trial court granted summary judgment dismissal of a homeowner's negligence claims against two construction contractors whose allegedly negligent installation of a waterline for the previous owner caused a landslide, damaging the landscaping and house. We reverse. This is not a negligent construction case where the economic loss rule would apply and recovery would be limited to contract remedies. The contractors are liable in tort if their negligence...

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