Hayfield v. Ruffier

¶1 Brett Hayfield and Kathy Davis-Hayfield appeal the trial court’s denial of their request for attorney fees under RCW 19.122.040 after the trial court found their neighbors, Beatrix and Robert Ruffier, liable for damage caused to the Hayfield home by an excavation on the Ruffier property. Because RCW 19.122.040 provides for a mandatory award of attorney fees to the prevailing party, we hold that the trial court erred in failing to award attorney fees to the Hayfields. Accordingly, we reverse the trial court’s denial of attorney fees incurred at trial and remand for determination of the…