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MARSHALL v. THURSTON COUNTY

No. 40933-0-II.

267 P.3d 491 (2011)

G. Eldon MARSHALL and Geraldine (Gerry) Marshall, husband and wife, Plaintiffs/Appellants, v. THURSTON COUNTY, a political subdivision of the State of Washington, Defendant/Respondent.

Court of Appeals of Washington, Division 2.

December 6, 2011.

Attorney(s) appearing for the Case

Mark O. Erickson , Attorney at Law, Olympia, WA, for Appellants.

Mark Robert Johnsen , Attorney at Law, Seattle, WA, Jeffrey George Fancher , Attorney at Law, Olympia, WA, for Respondent.

WORSWICK, A.C.J.

¶ 1 G. Eldon Marshall and Geraldine Marshall appeal the dismissal on summary judgment of their claim against Thurston County, arguing that (1) a settlement agreement signed in 2003 did not release the County from damages incurring in 2009 and (2) res judicata does not bar their claim. We affirm, holding that although the release is ambiguous regarding liability for future flooding, res judicata bars the Marshalls' current claim.

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