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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (60)

Full Text

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¶18 We have never adopted a single definition of the term “actual damages.” Indeed, in the appropriate case, we have limited “actual damages” to include only recovery for pecuniary harm. For example, the Washington Consumer Protection Act (CPA) allows a person harmed under the statute “to recover the actual damages sustained by him or her . . . together with the costs of the suit, including a reasonable attorneys fee.” RCW 19.86.090. As in this case, the statute included language allowing recovery for “actual damages.” Nevertheless, after analyzing the language in context, we held that the CPA does not allow recovery for emotional distress. Wash. State Physicians Ins. Exch. & Ass’n v. Fisons Corp, 122 Wn.2d 299, 318, 858 P.2d 1054 (1993) (plurality opinion). We examined the purpose of the statute at issue, reasoning that the CPA concerns injuries to “ ‘business or property,’ ” not personal injuries. Id. Therefore, “actual damages” did not include emotional distress. Id.