Washington Business Fall 2016 | Judicial Review

2016 judicial scorecard Torts (continued) Ralph v. Washington state Department of Natural Resources 182 Wn.2d 242 (2014) In Ralph, property owners brought actions against Department of Natural Resources and county seeking damages caused by widespread flooding. The court held that the statute requiring actions alleging injury to property be commenced in the county where the property was located applied to property owners’ tort action, and the statute requiring actions alleging injury to property be commenced in the county in which the property was located related to venue, not jurisdiction. This decision overruled 150 years of clear legal precedent. Chief Justice Barbara Madsen dissented Justice Debra Stephens wrote opinion Justice Charles Wiggins wrote dissent Justice Sheryl Gordon McCloud dissented Justice Mary Yu did not participate James Johnson Pro Tem dissented Associate Chief Justice Charles Johnson concurred Justice Susan Owens concurred Justice Mary Fairhurst concurred Justice Steven Gonzalez concurred AWB disagrees with this decision. special edition 2016 13

Washington Business Fall 2016 | Judicial Review | Page 13