Dash Point Village Associates v. Exxon Corp.

Full title: DASH POINT VILLAGE ASSOCIATES, ET AL., Respondents, v. EXXON CORPORATION…

Court: The Court of Appeals of Washington, Division One

Date published: Aug 28, 1998

86 Wn. App. 596 (Wash. Ct. App. 1998)

86 Wn. App. 596

86 Wash. App. 596

937 P.2d 1148

Opinion

971 P.2d 57 (Wash.App. Div. 1 1998) 86 Wn.App. 596 DASH POINT VILLAGE ASSOCIATES, a Washington joint venture, composed of Heartland Private Capital, a Washington corporation; and Kornreich Morgen Realty Company, a California corporation; and Robert Irmas as Administrator for the Audreys&sSydney Irmas Charitable Foundation, Respondents, v. EXXON CORPORATION, a New Jersey corporation; and BP Explorations&sOil Inc., an Ohio corporation; Appellants, Douglas B. Still and Jane Doe Still, and the marital community composed thereof; Anthony A. Rossi and Rita Rossi, and the marital community composed thereof, Defendants. No. 36382-4-I. Court of Appeals of Washington, Division 1. August 28, 1998

       Prior report: 86 Wash.App. 596, 937 P.2d 1148.

       ORDER

1. DENYING MOTION OF APPELLANT EXXON CORP. TO ACCEPT ADDITIONAL EVIDENCE ON REVIEW;

2. DENYING APPELLANT EXXON CORPORATION'S MOTION FOR RECONSIDERATION; AND

3. AMENDING OPINION

       GROSSE, P.J.

       The appellant, Exxon Corporation, having filed a motion for reconsideration and a motion to accept additional evidence on review; the respondents, Dash Point Village Associates and the Irmas Charitable Foundation, having filed responses to said motions; both parties in their documentation bringing to the Court's attention an incorrectly worded sentence in the opinion that should be amended to accurately reflect the facts; and the panel having taken the matters under consideration and having determined that said motions should be denied and the published opinion amended to correctly reflect the facts; now, therefore, it is hereby

       ORDERED that the Motion of Appellant Exxon Corporation to Accept Additional Evidence on Review be, and the same hereby is, denied.

       IT IS FURTHER ORDERED that Appellant Exxon Corporation's Motion for Reconsideration be, and the same hereby is, denied.

       IT IS FURTHER ORDERED that the opinion of this court in the above-entitled cause filed for publication in the Official Advance Sheets of the Washington Appellate Reports at 86 Wash.App. 596, 937 P.2d 1148 (1997) be, and the same hereby is, amended as follows:

       On page 601 [column 1, line 7, from bottom of page 1152 of 937 P.2d], delete the last sentence of the last full paragraph on the page which reads:

The jury did not find Exxon negligent but found that Exxon created a nuisance affecting Dash Point's property, awarding damages for this claim.

       and in its place insert the following sentence:

The jury did not find Exxon negligent but found that Exxon created a nuisance affecting Dash Point's property, but did not award damages for this claim.