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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)

Citation
Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)
Parent Document
Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)
Jurisdiction
Washington (state)
Effective Date
2010-11-04

Other Sections in This Document (97)

Full Text

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Madsen, C.J.
¶43 (concurring) — The lead opinion’s lengthy discourse on the economic loss rule and its new approach for determining when the rule applies is unnecessary for two reasons. First, we cannot apply the common law economic loss rule to nullify the statutory cause of action for waste without violating separation of powers principles and encroaching on the legislature’s authority to establish a cause of action. The issue whether the plaintiff was entitled to bring an action for waste should be resolved *403entirely on statutory grounds. Second, the injury to property here does not constitute an economic loss within the rule.