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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¶31 Post argues that Abson has not established “concrete” evidence of causation. Resp’t’s Br. at 14. But Post ignores the fact that at summary judgment Abson is entitled to all reasonable inferences drawn from the evidence. The trial court had discretion whether to consider the additional evidence Martini provided at reconsideration. Chen, 86 Wn. App. at 192. But after deciding to consider the additional evidence, the trial court should have construed all facts and all reasonable inferences from the facts in Martini’s favor in determining whether a genuine issue of material fact existed. Considering all of the evidence presented to the trial court, it is reasonable to infer that Abson would have tried to gain access to fresh air through the windows once she was trapped. That she was conscious and able to try to save herself can be inferred from her shouting directions to the others trapped by the fire. And the limited evidence that she did try the windows is not fatal since she likely knew this was fruitless because they had been painted shut. When considering all the evidence, a reasonable person could conclude that Post’s failure to repair the windows more probably than not was the cause in fact of Abson’s death. See Little, 132 Wn. App at 781. Because genuine issues of material fact regarding the cause in fact of Abson’s death remain to be resolved by the trier of fact, it was manifestly unreasonable for the trial court to deny Martini’s motion for reconsideration. II. Landlord Liability

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