Firm News

APPEALS COURT WIN

The Washington Supreme Court held that the defendants, including the State of Washington, Sierra Pacific Industries, and Precision Forestry, Inc., were immune from liability under the Forest Practices Act. This decision was based on the statute RCW 76.09.330, which provides broad immunity to forestland owners when trees, which were required to be left standing in a riparian management zone (RMZ), fall and cause injury or damage. The Washington Supreme Court found that the defendants were considered forestland owners because they had actual control over the forestland and the right to sell or dispose of the timber, even though they did not own the land. The Supreme Court also determined that the immunity was not dependent on the accuracy of the RMZ designation, and the plaintiffs' challenge to the RMZ was untimely. Consequently, the trial court's summary judgment dismissal of the case was affirmed, reversing the Court of Appeals.

Attorney Donna Young's efforts in representing the logging company defendant, Precision Forestry, Inc., were successful as the Supreme Court concluded that the defendants were immune from suit. The court's interpretation of the Forest Practices Act immunity statute aligned with the defendants' argument that they were forestland owners under the statute, despite not having the right to harvest RMZ trees. The court emphasized that the defendants were required to leave the RMZ trees standing, and thus, they could not be held liable for any injury or damage caused by those trees falling. This outcome highlights the effectiveness of Young's representation in securing a favorable ruling for her client.

We are ready to zealously handle your litigation needs