Ray Dearie arguing before the Washington Supreme Court Justices
On October 29, 2024, Founding Attorney Ray Dearie argued before the Washington Supreme Court, the highest court in Washington State.
Ray argued on behalf of two DLG clients, one of whom was hit and nearly killed by a large tree that fell on Sultan Basin Road near Sultan, Washington. Before the incident, a substantial amount of trees behind the tree that fell had recently been logged for timber, leaving a narrow sliver of trees standing without any wind protection right next to Sultan Basin Road. As a result, a windstorm toppled the tree onto the client’s vehicle, crushing the vehicle with DLG’s client still in it.
Ray sued the State of Washington (which owned the land where the tree fell), Sierra Pacific Industries (which purchased the timber harvesting rights to the area that was logged), and Precision Forestry (which logged the area for Sierra Pacific Industries), alleging negligence. Those entities moved to dismiss the case, arguing that Washington State’s Forest Practices Act immunized them from the lawsuit. The Snohomish County Superior Court agreed with those entities and dismissed the case. But Ray and Dearie Law Group Attorney Drew Lombardi appealed the dismissal to the Washington State Court of Appeals and prevailed — Division One of the Court of Appeals reversed the Superior Court’s dismissal, finding that none of the entities were immune under the facts of the case.
This led the Defendant-entities to ask the Washington Supreme Court to review the Court of Appeals’ decision, which the Washington Supreme Court granted. The Washington Supreme Court’s decision is expected within the next year.
To read the Court of Appeals’ decision, click here: COA – Opinion – Published – 9 5 2023 – Hazelrigg Cecily – Majority (003)