Cases for January 9, 2024.
Biggs v Puget Sound Energy. After Amy Biggs fell down a flight of stairs while visiting Snoqualmie Falls Park she sued Puget Sound Energy (PSE) as the owner of the premises asserting that it failed to maintain the pedestrian area in a reasonably safe condition. Biggs claims that the trial court erred in granting PSE’s motion to dismiss the claim on summary judgment. COA #850105. King County Superior Court #21-2-10981-7.
Windermere Real Estate East Inc. v Sandra Forman. Windermere challenges the award and denial of attorney fees as well as the denial of prejudgment interest on a forfeiture claim it won in a lawsuit over a failed sale of a commercial property. COA #849778. Snohomish County Superior Court #19-2-01463-31 SEA.
English v Charcoal Creek. Aron English sued developer Charcoal Creek LLC on several grounds including breach of his residential purchase and sale agreement for trees removed from his property. Charcoal Creek counterclaimed for waste based on English’s removal of landscaping on a neighboring property. English prevailed solely on the breach of contract claim and recovered replacement value of the trees. Charcoal Creek prevailed on the waste claim and received treble damages. English requested attorneys’ fees under the terms of the contract; Charcoal Creek made its request based on the controlling statute for its waste claim. The trial court denied fees to both parties, claiming they each prevailed on major issues and, therefore, neither was the prevailing party entitled to attorneys’ fees. English appeals. COA #851071. King County Superior Court #21-2-13890-6 SEA.
State v Herbert Dewayne Tiley. Defendant claims, among other issues, that he was placed in double jeopardy after being convicted for attempted assault in the first degree, malicious placement of an explosive, and unlawful possession of an explosive device following his placement of a sparkler bomb underneath a vehicle. COA #856685. Pierce County Superior Court #20-1-02243-0.
Personal Restraint Petition of Folsom. Kollin Folsom filed this personal restraint petition challenging his 50-year sentence imposed for a murder he committed when he was 16 years old. The statute providing certain juvenile offenders with an early release hearing after serving 20 years does not apply to him because he pleaded guilty to another crime as an adult. He seeks relief on three bases. First, he argues that aggravating circumstances were found by a court and not a jury, in violation of Blakely v. Washington. He also argues that his collateral attack is not time-barred because there is newly discovered evidence in the form of new studies regarding juvenile neurodevelopment. Finally, he argues his sentence is unconstitutional because was sentenced as an adult for crime he committed as a juvenile in violation of In re Personal Restraint of Houston-Sconiers. COA #859056, Division Two #555026. Clark County Superior Court #99-1-02107-0.