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BIRCHLER v. CASTELLO LAND CO., INC.

No. 64548-5.

942 P.2d 968 (1997)

133 Wash.2d 106

Martin BIRCHLER, a single man; and Judith Wilson, a single woman; and Dean B. Lang and Darlene Lang, husband and wife, and the marital community composed thereof, Respondents, v. CASTELLO LAND COMPANY, INC., a Washington corporation; and J.R. Hayes & Sons, Inc., a Washington corporation, Petitioners.

Supreme Court of Washington, En Banc.

As Amended September 17, 1997.

Attorney(s) appearing for the Case

Karr, Tuttle & Campbell, Steven D. Robinson, Seattle, for Petitioner.

James Austin Doros, Seattle, for Respondent.

Nicholas P. Gellert, Seattle, Amicus Curiae on behalf of Puget Sound Energy.

TALMADGE, Justice.

Castello Land Company (Castello) and J.R. Hayes & Sons, Inc. (Hayes), destroyed the trees and vegetation of various homeowners, and were found liable by the jury at trial for damages, which were trebled by the trial court pursuant to RCW 64.12.030. The jury also awarded emotional distress damages of $2,000 to each of the homeowners. Castello and Hayes now contend emotional distress damages cannot be recovered in a statutory action for injury...

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