Gabl v. Alaska Loan & Investment Co‪.‬

On June 14, 1969, a fire occurred in certain residential apartments located on the upper floor of the Alaska Building in Bellingham, Washington, which damaged personal property of Gabl, McGinnis and Robert Burns, Inc., tenants of the ground floor and the basement of the building. They initiated an action against Alaska Loan & Investment Company, their landlord, for damage suffered in the fire. This action was based upon alleged violations of the Bellingham fire code and the Bellingham building code and negligence on the part of Alaska Loan, all of which contributed to the injury complained of. The trial court granted a motion for summary judgment dismissing the claims of Gabl and McGinnis after finding that (1) the tenants had refused to properly plead the Bellingham building code, although extended an opportunity to do so; (2) the Bellingham fire code was not violated as a matter of law; and (3) the exculpatory clauses of the leases of plaintiffs Gabl and McGinnis were legally sufficient to bar any claim of negligence on the part of Alaska Loan. Robert Burns, Inc., the third plaintiff, had an oral lease without an exculpatory clause and was permitted to proceed with an action for negligence, but its action on the grounds of violations of the building code and the fire code was dismissed. All three plaintiffs appeal the ruling of the trial court.