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NYBA v. SUPREME NORTHWEST, INC.

Nos. 66319-4-I, 66318-6-I.

285 P.3d 70 (2012)

168 Wash.App. 86

The NEWPORT YACHT BASIN ASSOCIATION OF CONDOMINIUM OWNERS, an unincorporated condominium association, Plaintiff, v. SUPREME NORTHWEST, INC., a Washington corporation d/b/a Seattle Boat Newport, and Seattle Marine Management Company, LLC, a Washington limited liability company, Defendants/Third-Party Plaintiffs, and Bridges Investment Group, LLC, a Washington limited liability company, and Douglas Burbridge and Margie Burbridge, husband and wife, and their marital community, Respondents, Carol Radovich, as Personal Representative of the Estate of John Radovich, deceased, Appellants, Russell and Constance Keyes, Fourth-Party Defendants.

Court of Appeals of Washington, Division 1.

May 7, 2012.

Attorney(s) appearing for the Case

J. Richard Aramburu , Aramburu & Eustis LLP, Seattle, WA, for Appellants.

Wendy E. Lyon , Paul Joseph Kundtz Riddell Williams PS, Seattle, WA, for Respondents.

Christopher Ian Brain , Mary B. Reiten , Tousley Brain Stephens PLLC, Seattle, WA, for Plaintiff, Newport Yacht Basin Assn of Condo. Owners.

Gary Dennis Huff , Attorney at Law, Scott Edward Collins , Helsell Fetterman LLP, Seattle, WA, for Defendants/Third Party Plaintiffs, Supreme Northwest, Inc. d/b/a Seattle Boat Newport and Seattle Marine Management Company, LLC.

Thomas Randolph Dreiling , Attorney at Law, Seattle, WA, for Fourth Party Defendants, Russell and Constance Keyes.

DWYER, J.

¶ 1 Attorney fees recoverable pursuant either to a contractual indemnity provision or to the theory of equitable indemnity are damages that must be proven by competent evidence at trial, just as must be any other element of damages. In this case, the trial court awarded attorney fees based upon a prevailing party provision of a purchase and sale agreement, a contractual indemnity provision, and principles of equitable indemnity. Nevertheless, in awarding...

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