Martini v. Post, 178 Wash. App. 153 (2013)

Citation: Martini v. Post, 178 Wash. App. 153 (2013)
Parent Document: Martini v. Post, 178 Wash. App. 153 (2013)
Jurisdiction: Washington (state)
Effective Date: 2013-11-26
Original Source: https://www.courtlistener.com/opinion/4954189/martini-v-post/ ↗

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¶2 Martini appeals, arguing that (1) summary judgment was improper because there are genuine issues of material fact regarding whether Post’s failure to repair the windows was the cause in fact of Abson’s death and (2) the trial court erred when it denied his motion for reconsideration given *157the new evidence he submitted and the court accepted demonstrating Abson attempted to open a window and expert testimony opining that Abson would have survived if she had been able to open a window. We reverse the trial court’s denial of Martini’s motion for reconsideration because the new evidence creates a genuine issue of material fact regarding Abson’s cause of death and remand for trial. FACTS I. Background

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