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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¶12 The trial court granted summary judgment on the ground that Martini failed to prove the cause in fact element of proximate cause and stated Martini failed to present sufficient evidence to show that “ ‘but for’ the negligence of the defendants, [Abson] would not have died.” CP at 165. Martini moved for reconsideration under CR 59(a)(7)-(9), arguing that Abson would have survived the fire but for Post’s failure to repair the inoperable windows and Post’s failure was the legal cause of Abson’s death. In his motion for reconsideration, Martini also introduced new evidence of handprints around the window in the northeast bedroom and a declaration from Dr. Kiesel, who performed Abson’s autopsy, testifying that Abson would have survived if she had been able to open a window and breathe fresh air.

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