Segura v. Cabrera, 184 Wash. 2d 587 (2015)

Citation: Segura v. Cabrera, 184 Wash. 2d 587 (2015)
Parent Document: Segura v. Cabrera, 184 Wash. 2d 587 (2015)
Jurisdiction: Washington (state)
Effective Date: 2015-10-29
Original Source: https://www.courtlistener.com/opinion/4910133/segura-v-cabrera/ ↗

Full Text

951 chars

¶9 The Court of Appeals affirmed the denial of emotional distress damages in a published, split decision. Segura v. Cabrera, 179 Wn. App. 630, 319 P.3d 98, review granted, 181 Wn.2d 1006, 332 P.3d 985 (2014). Relying on this court’s opinion in White River Estates, the majority in the Court of Appeals held that emotional distress damages were not recoverable because a landlord could violate RCW 59.18-.085(3)(a) “ ‘by conduct not amounting to an intentional tort.’ ” Id. at 637 (quoting White River Estates v. Hiltbruner, 134 Wn.2d 761, 769, 953 P.2d 796 (1998)). The Court of Appeals also reasoned that the language of RCW 59.18-*591.085(3)(e) “implies out of pocket or financial damages incurred by relocation.... This interpretation better suits the statute’s purpose, which suggests the ‘actual damages’ provided in RCW 59.18.085(3)(e) are limited to reasonable moving expenses.” Id. ¶10 This court granted Segura’s petition for review. ANALYSIS

Other Sections in This Document (60)

Full Text