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HAWKINS v. DIEL

No. 39993-8-II.

269 P.3d 1049 (2011)

166 Wn. App. 1

Don HAWKINS and Geri Hawkins, Appellants/Cross-Respondents, v. Ma Herlouise Caro DIEL, Hermogenes Diel and Jane Doe Diel, husband and wife and their marital community composed thereof, Defendants, Dobler Management Company, Inc., dba University Commons apartment complex, Respondents, Cross-Appellants.

Court of Appeals of Washington, Division 2.

Publication Ordered January 26, 2012.

Attorney(s) appearing for the Case

Elizabeth Ann Jensen , Attorney at Law, Fircrest, WA, for Defendants.

Darrell L. Cochran , Pfau Cochran Vertetis Amala PLLC, Tacoma, WA, Jason Paul Amala , Pfau Cochran Vertetis Amala PLLC, Seattle, WA, for Appellants/Cross-Respondents.

Everett Allen Holum , Everett Holum PS, Tacoma, WA, for Respondents/Cross-Appellants.

JOHANSON, J.

¶ 1 Don and Geri Hawkins were tenants in an apartment that was damaged when a car drove through a wall. The apartment's management, Dobler Management Company, Inc. (DMC), delayed in making the necessary repairs. The Hawkinses sued DMC in district court and obtained relief in the form of special damages and attorney fees. The Hawkinses nonetheless appealed to superior court on the ground that the district court improperly dismissed their negligence...

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