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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¶11 Martini responded, arguing that (1) Post is liable for Abson’s death because he breached the Residential Landlord Tenant Act’s (RLTA) implied warranty of habitability1 and violated building requirements of the Tacoma Municipal Code2 and (2) because her daughter survived by opening a window, Abson also would have survived if the windows in the northeast bedroom had not been painted shut. Martini supported his response with Putannsuu’s expert testimony. Putannsuu testified that Abson would have been unable to open the window and that Post “should have ensured that the window was open-able with minimal effort by an average person when the tenants moved in.” Clerk’s Paper’s (CP) at 64.

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