ATHERTON CONDO APARTMENT-OWNERS ASS'N BD OF DIRECTORS v. Blume Dev. Co., 799 P.2d 250 (1990)

Citation: ATHERTON CONDO APARTMENT-OWNERS ASS'N BD OF DIRECTORS v. Blume Dev. Co., 799 P.2d 250 (1990)
Parent Document: ATHERTON CONDO APARTMENT-OWNERS ASS'N BD OF DIRECTORS v. Blume Dev. Co., 799 P.2d 250 (1990)
Jurisdiction: Washington (state)
Effective Date: 1990-11-01
Original Source: https://www.courtlistener.com/opinion/2610918/atherton-condo-apartment-owners... ↗

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[10] In any event, we are convinced that the trial court properly dismissed Owners' nuisance claim. In Washington, a "negligence claim presented in the garb of nuisance" need not be considered apart from the negligence claim. Hostetler v. Ward, 41 Wn. App. 343, 360, 704 P.2d 1193 (1985), review denied, 106 Wn.2d 1004 (1986). See also Re v. Tenney, 56 Wn. App. 394, 398 n. 3, 783 P.2d 632 (1989). In those situations where the alleged nuisance is the result of the defendant's alleged negligent conduct, rules of negligence are applied. Hostetler, at 360. Cf. Albin v. National Bank of Commerce, 60 Wn.2d 745, 753, 375 P.2d 487 (1962) (trial court properly refused to give a proposed instruction *528 on nuisance which was based on the same omission to perform a duty which allegedly constituted negligence).

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