ALSTON v. BLYTHE

No. 20120-8-II.

943 P.2d 692 (1997)

88 Wash.App. 26

Gloray ALSTON, Appellant, v. Michael Joseph BLYTHE and Polly Blythe, husband and wife; Steven L. McVay and Carol McVay, husband and wife; Ed Kaelin and "Jane Doe" Kaelin, d/b/a Kaelin Trucking, Respondents.

Court of Appeals of Washington, Division 2.

September 19, 1997.


Attorney(s) appearing for the Case

James Francois Leggett, Leggett & KramKeating, Tacoma, for Appellant.

Bertil F. Johnson, Tacoma, Andrew George Cooley, Bucklin & McCormack, Seattle, for Respondents.


MORGAN, Judge.

The dispositive issue in this auto-pedestrian case is whether the trial court erred by giving an assumption-of-risk instruction. Holding that it did, we reverse and remand for new trial.

Portland Avenue is an arterial street in Tacoma. Near its intersection with East 29th Street, it has two northbound lanes, two southbound lanes, and a left-turn lane in the center.

On September 20, 1991, Alston...

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