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Wash. Supreme Court published opinion — 900884.pdf

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Wash. Supreme Court published opinion — 900884.pdf
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Washington (state)
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emotional distress damages in those cases is not surprising, as such provision comports

with the purpose and protections afforded by the statutes in question. But no similar

purpose is present in this case. Here, the text of the statute, as discussed above, attests

that the legislature is concerned only with return of a tenant's money and assisting the

tenant in getting relocated, not in providing redress for a personal injury or protecting

against harm to the person. There is no similarity to the types of situations presented in

Rasor and Martini, which involved different statutes with different language and different

purposes.

For the same reason, Segura's citation to Ellingson v. Spokane Mortgage Co., 19

Wn. App. 48, 573 P.2d 389 (1978), and Conrad v. A/derwood Manor, 119 Wn. App. 275,

8
             
No. 90088-4

78 P.3d 177 (2003), as support is also unavailing. Ellingson addressed claims of

discrimination under the WLAD, and Conrad addressed claims under the abuse of ·

vulnerable adults statute (chapter 74.34 RCW). See Ellingson, 19 Wn. App. at 54;

Conrad, 119 Wn. App. at 280. These cases too are distinguishable, as they addressed

statutes and circumstances that are not present here.

We have never adopted a single definition of the term "actual damages." Indeed,

in the appropriate case, we have limited "actual damages" to include only recovery for

pecuniary harm. For example, the Washington Consumer Protection Act (CPA) allows a

person harmed under the statute "to recover the actual damages sustained by him or her

... together with the costs of the suit, including a reasonable attorney's fee." RCW

19.86.090. As in this case, the statute included language allowing recovery for "actual