Coleman v. Hoffman

115 Wash.App. 853, 64 P.3d 65 (2003)

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Coleman v. Hoffman

Washington Court of Appeals
115 Wash.App. 853, 64 P.3d 65 (2003)

SC
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Facts

Roberta Coleman (plaintiff) lived in an apartment complex owned by David Brown and Steve Clem. OCI (defendant) secured a loan for Brown and Clem. Anderson Hunter (defendant), a law firm, financed the loan. Brown and Clem defaulted on the loan, and Anderson Hunter instituted judicial foreclosure proceedings. At that point, OCI began collecting rents from tenants at the apartment complex and forwarding the rents to Anderson Hunter. Anderson Hunter also began paying the complex’s utilities and repair costs. Anderson Hunter hired Craig Hoffman (defendant) to maintain the complex. Upon his hire, Hoffman fired the existing apartment manager. Subsequently, Coleman’s daughter was injured due to a faulty railing in the complex. Coleman brought a premises liability suit against the defendants. Coleman argued the defendants were liable because they were mortgagees in possession of the complex. The trial court granted summary judgment to all defendants. Coleman appealed.

Rule of Law

Issue

Holding and Reasoning (Bridgewater, J.)

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