HURLEY v. PORT BLAKELY TREE FARMS L.P.

No. 71430-9-I.

332 P.3d 469 (2014)

Jerome C. HURLEY and Bessie M. Hurley, husband and wife; Wesley A. Stancil and Zella E. Moran, husband and wife; Frank J. Mettler and Linda E. Mettler, husband and wife; Shawn Hampton and Charity Hampton, husband and wife, individually, and as guardians for their minor children Emary and Elexcious Hampton; Anton K. Swafford and Dorothy E. Swafford, husband and wife; Mark Dantinne, a single man; Jon and Dagne Nord, husband and wife; Deanna Lester, a single woman; De Lila E. Walker, a widow; James K. Redmon and Betty Redmon, husband and wife; Alice Redmon, a widow; Michael Wood and Kimberly Wood, husband and wife, individually, and guardians for their minor child, Bryce Wood; Martin E. Sprinkle, a single man and Linda Sprinkle, a single woman; Martin L.J. Sprinkle, a single man; Aaron Sprinkle, a single man; and Stephen P. Rea, a single man; Anna Gay Garoutte, a single woman; April Hurley, a single woman; and Edward Thomas and Martha Thomas, husband and wife, Plaintiffs/Appellants, v. PORT BLAKELY TREE FARMS L.P., a Washington limited partnership; B & M Logging, Inc., a Washington corporation; Rainier Timber Company, Inc., an inactive Delaware corporation; Rainier Log Company, Inc., an inactive Delaware corporation; Rainier Timber Company, LLC, a company managed by The Campbell Group, LLC that is not registered with the Washington Secretary of State; Island Timber Company, Defendants. The Campbell Group, LLC, a Delaware corporation; Menasha Forest Products Corporation, an inactive Delaware corporation; a Washington limited partnership; Don Zepp, d/b/a/ Don Zepp Logging, and Pope Resources, a Delaware Limited Partnership, Defendants/Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered August 7, 2014.


Attorney(s) appearing for the Case

David Alan Bricklin , Bricklin & Newman, LLP, Seattle, WA, Robert A. Wright , Robert A. Wright PLLC, Olympia, WA, for Appellants.

Richard Scott Fallon , Kimberly Anne Reppart , Attorney at Law, Seattle, WA, Mark J. Dynan , Wade Neal , Dynan & Associates, P.S., Tacoma, WA, for Respondents.


SPEARMAN, C.J.

¶ 1 This appeal concerns a lawsuit filed by 14 families (Appellants) against Menasha Forest Products Corporation (Menasha)1 and Don Zepp Logging (Zepp) (collectively "Respondents") after their properties in or near Glenoma, Washington were damaged by three landslides that occurred during a storm on January 7, 2009. The trial court dismissed the Appellants' claims for strict liability, trespass, and nuisance against...

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