RICHERT v. TACOMA POWER UTILITY

No. 43825-9-II.

319 P.3d 882 (2014)

Gerald G. RICHERT, on behalf of Skokomish Farms Inc., a Washington corporation; Gerald F. Richert and Shirley Richert, husband and wife, and the marital community thereof; the Estate of Joseph W. Bourgault; Norma Bourgault, a single woman; Arvid Haldane Johnson, on behalf of Olympic Evergreen, LLC, a Washington limited liability company; Arvid Haldane Johnson and Patricia Johnson, husband and wife, and the marital community thereof; Shawn Johnson and Shelloy Johnson, husband and wife, and the marital community thereof; James M. Hunter, on behalf of the Hunter Family Farms Limited Partnership, a Washington partnership; James M. Hunter and Joan Hunter, husband and wife, and the marital community thereof; James C. Hunter and Sandra Hunter, husband and wife, and the marital community thereof; Gregory Hunter and Tamara Hunter, husband and wife, and the marital community thereof; David Kamin and Jayni Kamin, husband and wife, and the marital community thereof; William O. Hunter, on behalf of Hunter Brothers Store, a Washington partnership; Paul B. Hunter, on behalf of Hunter Brothers, LLC, a Washington limited liability company; William O. Hunter and Carol Hunter, husband and wife, and the marital community thereof; Paul B. Hunter and Leslie Hunter, husband and wife, and the marital community thereof; William O. Hunter, Jr. and Luayne Hunter, husband and wife, and the marital community thereof; Douglas Richert, a single man; Evan Tozier, on behalf of Riverside Farm, a Washington partnership; Arthur Tozier, a single man; Maxine Tozier, in her individual capacity; and Evan Tozier, a single man, Respondents, v. TACOMA POWER UTILITY, a Washington Utility, and the City of Tacoma, a Washington municipality, Appellants.

Court of Appeals of Washington, Division 2.

March 4, 2014.


Attorney(s) appearing for the Case

Fred B. Burnside , Davis Wright Tremaine LLP, Roger Ashley Leishman , Davis Wright Tremaine LLP, Matthew Alan Love , Van Ness Feldman LLP, Seattle, WA, Tyson Clinton Kade , Van Ness Feldman LLP, Washington, DC, Elizabeth Ann Pauli , Attorney at Law, William Cody Fosbre , Tacoma City Attorney's Office, Tacoma, WA, for Appellants.

Karen A. Willie , Bradley E. Neunzig , Terrell Marshall Daudt & Willie PLLC, Seattle, WA, for Respondents.


PUBLISHED OPINION

WORSWICK, C.J.

¶ 1 In this class action lawsuit for property damage caused by increased water flow, the City of Tacoma makes an interlocutory appeal of the superior court's two rulings on cross summary judgment motions. The first ruling granted a motion for partial summary judgment that served to strike one of Tacoma's affirmative defenses against the claims of Gerald Richert and the members of his class involved in this appeal (the...

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