Stephanie Croll obtains summary judgment dismissal for City of Kirkland

On January 24, 2014, Stephanie Croll obtained an order on summary judgment dismissing a lawsuit against the City of Kirkland based on a back-up of sewage into the Plaintiff’s residence.  The back-up occurred after a contractor working upstream from Plaintiff’s house allowed construction debris to flow into the City’s system, which resulted in a blockage.  Plaintiff claimed the City was negligent in the manner in which it dislodged the blockage.  Plaintiff’s claims were dismissed based upon the 2-year statute of limitations for negligent/tortious injury to real property.  This 2-year statute of limitations for damages to real property is an exception to the general 3-year negligence statute of limitations.  In entering this order, the court also ruled that the City had done nothing to induce the Plaintiff into not filing suit earlier, in a timely manner, and denied Plaintiff’s request to toll the 2-year statute of limitations based upon equitable tolling or equitable estoppel.