Seattle Washington Building Expert Directory

BOO! Running From Chainsaw Wielding Actor then Falling is an Inherent Risk of a Haunted Attraction

December 10, 2015 — Laura C. Williams, R. Bryan Martin & Lawrence S. Zuckerman – Haight Brown & Bonesteel LLP
In Griffin v. The Haunted Hotel, Inc. (filed 10/23/15; certified for publication 11/20/15), the California Court of Appeal, Fourth Appellate District, affirmed summary judgment in favor of the defendant haunted attraction operator holding that the risk of a patron being frightened, then running away and falling is inherent in the fundamental nature of a haunted house attraction. The Court further determined there was no evidence the operator acted recklessly or unreasonably increased such risks beyond those inherent in the attraction. In October 2011, Plaintiff attended The Haunted Trail attraction, which featured actors in costumes jumping out holding prop weapons to scare patrons walking along a trail through Balboa Park. The Haunted Trail also employed a scare tactic known as the “Carrie” effect, in which the patrons walk through a fake exit and suddenly a chainsaw wielding actor appears and charges at the patrons for one final jolting scare. It was during this final scene of The Haunted Trail’s “Carrie” effect that Griffin became frightened by an actor brandishing a chainsaw causing him to suddenly run away in fear. As he was fleeing, Griffin fell and injured his wrist. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Laura C. Williams, R. Bryan Martin and Lawrence S. Zuckerman Ms. Williams may be contacted at lwilliams@hbblaw.com Mr. Martin may be contacted at bmartin@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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Pay Loss Provision Does Not Preclude Assignment of Post-Loss Claim

July 30, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court determined that a policy's loss payment provision did not bar a post-loss assignment. One Call Prop. Servs. v. Sec. First Ins. Co., 2015 Fl. App. LEXIS 7643 (Fla. Ct. App. May 20, 2015). After One Cell performed emergency water removal for the insured, the insured assigned his rights to policy proceeds as payment. One Cell alleged that Security First refused to reimburse the insured adequately for the services provided. One Cell filed suit, and Security First moved to dismiss. The trial court granted the motion based upon the policy's non-assignment provision. One Cell appealed. One Cell argued post-loss assignments were valid under Florida law even when the policy contained an anti-assignment provision, and the right to payment accrued on the date of the loss. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Candlebrook Adds Dormitories With $230 Million Purchase

November 05, 2014 — John Gittelsohn - Bloomberg
Candlebrook Properties LLC, a closely held company with about 5,000 apartments in the eastern U.S., is diversifying into student housing with the $230 million acquisition of five off-campus properties. Candlebrook joined with Lubert-Adler Partners on the purchase of buildings with about 3,400 beds near colleges in Georgia, Indiana, Kentucky and Virginia. Formerly known as Vantage Properties LLC, Candlebrook began as an investor in New York City apartments in 2005 and later expanded to New Jersey and the Philadelphia area. “Student housing is a natural extension of our pre-existing business line,” Neil Rubler, president of New York-based Candlebrook, said in a telephone interview. It’s “a business that’s far less crowded than multifamily, which has been our core business.” Capitalization rates on apartments, a measure of profitability, have dropped as investors drive up property prices. Student housing has become an attractive alternative, luring homebuilder Toll Brothers Inc. (TOL) and private-equity firm Colony Capital LLC to an industry already home to real estate investment trusts American Campus Communities Inc. (ACC), Campus Crest Communities Inc. (CCG) and Educational Realty Trust Inc. (EDR) Read the court decision
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Reprinted courtesy of John Gittelsohn, Bloomberg
Mr. Gittelsohn may be contacted at johngitt@bloomberg.net

Proving & Defending Lost Profit Damages

June 09, 2016 — David Adelstein – Florida Construction Legal Updates
I have written numerous articles regarding the challenge in proving lost profit damages. Yes, lost profits are a form of damages in business disputes, but they are a form of damages that are subject to a certain degree of conjecture and speculation. For this reason, lost profit evidence is oftentimes precluded from being presented at trial or lost profit damages are reversed on appeal. This is why it is imperative to ensure i’s are dotted and t’s are crossed when it comes to proving lost profit damages. It is also imperative, when defending a lost profit claim, to put on evidence and establish the speculative nature of the lost profit damages. Read the court decision
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Reprinted courtesy of David M. Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

White House Seeks $310M To Fix Critical San Diego Wastewater Plant

December 04, 2023 — James Leggate - Engineering News-Record
The Biden administration’s $55.9-billion supplemental funding request to Congress for disaster response and other issues includes $310 million for a project to repair and expand the ailing South Bay International Wastewater Treatment Plant in San Diego, Calif. The plant is part of a repeatedly overwhelmed wastewater treatment system on the U.S.-Mexico border that has allowed untreated sewage flows to foul area beaches. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

June 07, 2021 — Lewis Brisbois
Effective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to “align Florida’s summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard.” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d 192, 192 (Fla. 2020). Consistent with this amendment, Florida Rule of Civil Procedure 1.510 has been amended to adopt the federal summary judgment rule, with exceptions for timing-related issues. The Florida Supreme Court’s most recent opinion on rule 1.510 and the text of new rule 1.510 can be found here. As background, on December 31, 2020, the Florida Supreme Court adopted the federal summary judgment standard by amending Florida Rule of Civil Procedure 1.510(c) to include the following sentence: “The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1976); and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) [(the ‘Celotex trilogy’)].” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d at 196. The court’s amendment was slated to take effect on May 1, 2021, subject to a public comment period. The court also sought guidance from the Florida Bar’s Civil Procedure Rules Committee. After careful consideration of numerous responses, the court ultimately chose to adopt the substance of the text from federal rule 56. Along with its amendments, the court provides substantial guidance as to how the Florida courts and practitioners should interpret the new rule. A summary of the court’s thorough discussion follows. Read the court decision
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Reprinted courtesy of Lewis Brisbois

SIG Earnings Advance 21% as U.K. Construction Strengthens

August 13, 2014 — Benjamin Katz – Bloomberg
SIG Plc (SHI) earnings surged 21 percent in the first half as the distributor of building products benefited from a strengthening recovery in the U.K. housing market as well as procurement savings. Underlying operating profit rose to 47.8 million pounds ($80 million) from 39.6 million pounds a year earlier, the Sheffield, England-based company said in a statement today. Sales in the U.K. and Ireland from continuing operations climbed 14 percent to 650 million pounds, offsetting flat revenue in continental Europe. “Trading conditions in the U.K. have continued to gather momentum, led by the revival in the housing market,” Chief Executive Officer Stuart Mitchell said in the statement. “The group’s first-half performance and progress on its strategic initiatives provide a strong base on which to achieve its full-year expectations.” Read the court decision
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Reprinted courtesy of Benjamin Katz, Bloomberg
Mr. Katz may be contacted at bkatz38@bloomberg.net

City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

November 13, 2013 — CDJ STAFF
The city of Grand Junction, Colorado and their contractor, Aperion Utility Construction, LLC, have both denied any wrongdoing in the construction accident that lead to the destruction of two homes. Aperion was drilling in order to repair traffic signals. Their drill damaged a gas line. In the subsequent explosion, three people were injured and two homes destroyed. Homes for 10 blocks were subsequently evacuated. The three men who were injured have filed a lawsuit claiming negligence on the part of the contractor and the city. The city has released a report from their insurers that concluded that the city was not responsible. Read the court decision
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