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EASTWOOD v. HORSE HARBOR FOUNDATION, INC.

No. 81977-7.

241 P.3d 1256 (2010)

Linda EASTWOOD, dba Double KK Farm, Petitioner, v. HORSE HARBOR FOUNDATION, INC., a Washington corporation; Maurice Allen Warren, a single person; and Katherine Daling and Michael Daling, a husband and wife, and the marital community composed thereof, Respondents.

Supreme Court of Washington, En Banc.

Decided November 4, 2010.

Attorney(s) appearing for the Case

David P. Horton, Law Office of David P. Horton Inc. PS, Silverdale, WA, for Petitioner.

Leslie Clay Terry, III, Law Offices of Leslie Clay Terry, III, Bellevue, WA, for Respondents.

Harold T. Hartinger, Attorney at Law, Tacoma, WA, amicus counsel for Harold T. Hartinger.

FAIRHURST, J.

¶ 1 Since the 1800s, lessors of real property in Washington have been able to recover damages for the tort of waste. In this case, however, the Court of Appeals interpreted our jurisprudence on the economic loss rule and concluded that lessor Linda Eastwood was limited to contractual remedies for the damage done to her horse farm by lessee Horse Harbor Foundation, Inc. See Eastwood v. Horse Harbor Found., Inc., noted at 144 Wn.App. 1009,...

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