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Bruce v. Byrne-Stevens & Associates Engineers, Inc.

Washington Supreme Court
113 Wash. 2d 123, 776 P.2d 666 (1989)

Written by Sharon Feldman, JD

Facts

Robert Bruce and Mildred Smallwood (plaintiffs) sued a neighbor whose excavation work caused subsidence in the soil of Bruce and Smallwood’s properties. Bruce and Smallwood retained Byrne-Stevens & Associates Engineers, Inc. (Byrne-Stevens) (defendant) to testify as to the cost of stabilizing the soil. Patrick Byrne (defendant), the principal of Byrne-Stevens, testified at trial. Bruce and Smallwood obtained a judgment for damages in the amounts calculated by Byrne. The cost of stabilizing the soil turned out to be double the amount of Byrne’s estimate. Bruce and Smallwood sued Byrne-Stevens and Byrne, alleging that but for Byrne’s negligence in preparing his estimate and testimony, Bruce and Smallwood would have obtained a judgment for the actual cost of the stabilization. The trial court dismissed the complaint because witnesses are immune from suit. The Washington Court of Appeals reversed. Byrne-Stevens and Byrne appealed.

Rule of Law

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Issue

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Holding and Reasoning (Dore, J.)

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