Simons v. Tri-State Construction Co.

Petrich, A.C.J.

Tri-State Construction Co. (Tri-State), which had installed certain sewer pipes for the City of Hoquiam pursuant to a contract with the City, appeals from a partial summary judgment adjudging it liable for damage to Simons' house and property based on the removal of lateral support and from a denial of its motion for summary judgment of dismissal. For the purposes of the summary judgment motion Simons' claim was predicated upon article 1, section 16 of the state constitution.

In addition to the question of whether there is a genuine dispute of a material fact as to the loss of…