Flint v. Hart

Under current Washington law, if a plaintiff exercises independent business judgment and elects not to pursue an available legal remedy, the defendant’s wrongful act cannot be the proximate cause of the plaintiffs damages. Horn v. Moberg, 68 Wn. App. 551, 558, 844 P.2d 452, review denied, 121 Wn.2d 1025 (1993). The law firm of Hart & Winfree did not retain a security interest in the general intangibles for Gordon M. Flint when it represented him during the sale of his funeral home business to Michael and Vicki Meyer. The Meyers defaulted and later filed bankruptcy. Mr. Flint settled his claim…