KILL v. CITY OF SEATTLE

No. 70767-1-I.

TWYLA KILL and TERRY KILL, individually and the marital community comprised thereof, Appellants, v. CITY OF SEATTLE, a Washington municipal corporation, Respondent.

Court of Appeals of Washington, Division One.

Filed: August 25, 2014.


Attorney(s) appearing for the Case

Michael David Myers , Myers & Company PLLC, 1530 Eastlake Ave E, Seattle, WA, 98102-3712, Ryan Christopher Nute , Myers & Company PLLC, 1530 Eastlake Ave E, Seattle, WA, 98102-3712, Counsel for Appellants.

Joseph Givon Groshong , Seattle City Attorney's Office, Po Box 94769, Seattle, WA, 98124-4769, Counsel for Respondent.


UNPUBLISHED OPINION

APPELWICK, J.

Kill slipped and fell on a wet, smooth metal rim of a utility cover in a downtown Seattle sidewalk. She sued the City, alleging that the utility cover rim was unreasonably dangerous. Kill relied on expert testimony about the slip-resistance of the rim measured by a tribometer. However, the tribometer calibrations fell outside the confidence interval specified by the manufacturer. As a result, the trial court excluded the...

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