ESCA Corp. v. KPMG Peat Marwick

We hold that the principle of comparative fault applies to a cause of action for negligent misrepresentation. In so doing, we affirm a verdict awarding Seattle First National Bank (Seafirst) damages from KPMG Peat Marwick (KPMG) for negligence in the preparation of an audit, reduced by 60 percent, the percentage of fault attributed to Seafirst for its own negligence. Additionally, we reject KPMG’s challenge to the verdict on the basis of the jury’s inconsistent answers to questions posed in the instructions. The possibility of the inconsistency was inherent in the instructions, instructions…