Lian v. Stalick, 25 P.3d 467 (2001)

Citation: Lian v. Stalick, 25 P.3d 467 (2001)
Parent Document: Lian v. Stalick, 25 P.3d 467 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-06-19
Original Source: https://www.courtlistener.com/opinion/2587519/lian-v-stalick/ ↗

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Given all of the above, the best remedy is remand to the trial court to enter additional findings as may seem appropriate solely on the liability issues. Bowman v. Webster, 42 Wash.2d 129, 134-36, 253 P.2d 934 (1953). Additional reasons for remand are discussed in Part C. And, while we may affirm a trial court on an alternative theory if the briefing and the evidence support an appropriate theory, considering the impact of Dexheimer, in fairness to both sides, remand is indicated to allow clarification of liability *475 theories. See Cotton v. City of Elma, 100 Wash.App. 685, 696, 998 P.2d 339 (reasoning appellate court can affirm on alternative theory), review denied, 141 Wash.2d 1029, 11 P.3d 824 (2000); Dexheimer, 104 Wash.App. at 470, 17 P.3d 641 (discussing common law negligence and lease liability). Further, because briefing and evidence exists in the record below supporting Ms. White's claim of negligent repair, and there is no indication that the lack of a specific finding on the issue was deliberate, we decline the dissent's invitation to infer a negative finding against Ms. White. See Douglas Northwest, Inc. v. Bill O'Brien & Sons Constr., Inc., 64 Wash.App. 661, 682, 828 P.2d 565 (1992). We defer to the trial court to resolve any fact and credibility issues regarding Ms. White's allegations on remand. C. Damages

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