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Wash. Supreme Court published opinion — 900884.pdf

Citation
Wash. Supreme Court published opinion — 900884.pdf
Jurisdiction
Washington (state)
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("relocation assistance, prepaid deposits, and prepaid rent"). RCW 59.18.085(3)(e)

(emphasis added). By limiting the recovery under this statute to economic damages

only, and by further limiting these damages to "relocation assistance," majority at

10, the majority's holding conflicts with both statutory phrases italicized

immediately above.

First, the statutory word "any" is a broad modifier. See State v. Sutherby, 165

Wn.2d 870, 880-82, 204 P.3d 916 (2009); State v. Westling, 145 Wn.2d 607, 611-

12, 40 P.3d 669 (2002). This broad language supports an expansive reading of the

statute.

Second, we must give full effect to the language "in addition" to. The statute

specifies that "any" actual damages are available not as part of, but "in addition" to

the enumerated damages, including damages that "exceed the amount of relocation

assistance that is payable." RCW 59.18.085(3)(e). Thus, the statute's context, in

4
             
Segura v. Cabrera, No. 90088-4
(Gordon McCloud, J., Concurring in Result)

addition to its express language, reveals the legislature's intent to permit the

recovery of emotional distress damages; a contrary interpretation would render the

legislature's use of this broad language meaningless. 2

The majority relies on an argument that no party has made: that the language

"that exceed the amount of relocation assistance that is payable" shows an intent to

limit the amount of available damages to relocation damages only. Majority at 6-7.

But this interpretation is problematic for two reasons. First, it treats the concluding

language as a limit on both the amount and the nature of damages that a displaced