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Legal Opinion

Kenco Enterprises Northwest, LLC v. Wiese

Court of Appeals of Washington

Decided January 7, 2013No. 67351-3-IPublishedCited by 8 opinions

1Opinion of the CourtGrosse, J.

¶1 — A claim for legal malpractice is not assignable, directly or indirectly, to one’s adversary in a proceeding from which that legal malpractice is alleged to have arisen.

*609¶2 Here, Kenco Enterprises Northwest LLC sued Sleeping Tiger LLC for failing to make payments under a real estate purchase and sale agreement. Sleeping Tiger countersued. Kenco defended the counterclaims, asserting as an affirmative defense an “AS IS/WHERE IS” clause drawn up by its attorney. The jury found in Sleeping Tiger’s favor but awarded zero damages. A subsequent settlement resulted in a $3 million-plus judgment…

2Cases cited12 opinions

  1. Folsom v. Burger KingWashington Supreme Court · 1998
  2. Folsom v. Burger KingWashington Supreme Court · 1998
  3. Overton v. Consolidated Ins. Co.Washington Supreme Court · 2002
  4. Overton v. Consolidated InsuranceWashington Supreme Court · 2002
  5. Rivers v. Washington State Conference of Mason ContractorsWashington Supreme Court · 2002

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3Cited by8 opinions

  1. Keck v. CollinsCourt of Appeals of Washington · 2014
  2. Frontier Bank v. Bingo Investments, Appellant'sCourt of Appeals of Washington · 2015
  3. Beavor v. TomsheckNevada Supreme Court · 2022
  4. Beavor v. TomsheckNevada Supreme Court · 2022
  5. Cristina P. Anderson, V. Farmers Insurance Company Of WashingtonCourt of Appeals of Washington · 2025

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