Valarie Gildon et al., Respondents, v. Simon Property Group, Inc., Petitioner., 158 Wn.2d 483

Summary

According to the managing company, the negligence claim was really against the mall partnership, which was the title owner of the property. The managing company asserted that it was only a very minor general partner. On appeal, the court concluded that the partnership was not an indispensable party under Wash. Super. Ct. Civ. R. 19(b) and that dismissal under Wash. Super. Ct. Civ. R. 12(b)(7) was in error. Contrary to the managing company's contention, it could be liable as a "possessor" in a premises liability action, and the janitor alleged that the managing company acted as a possessor. The fact that the managing company's conduct might have been in its capacity as a general partner of the mall partnership did not shield it from judgment under Wash. Rev. Code § 25.05.130(4). That statute did not address the question of liability and continued to impose joint and several liability on partners for tortious acts committed within the scope of the partnership business under Wash. Rev. ...