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COSTACOS v. SPENCE

No. 39634.

74 Wn.2d 884 (1968)

447 P.2d 704

GUS COSTACOS, Appellant, v. EVERETT M. SPENCE et al., Respondents.

The Supreme Court of Washington, Department Two.

November 21, 1968.

Attorney(s) appearing for the Case

Leon L. Wolfstone (of Wolfstone, Panchot & Kleist), for appellant.

Charles E. Wagg, Jr., for respondents.

RYAN, J.†

This is a "slip and fall" case set in motion by events following a sharp earthquake which occurred in the Seattle area at approximately 8:30 a.m. on April 29, 1965. The appellant suffered the injuries complained of when he fell on the floor of respondents' store premises about 2 hours after the earthquake. He bases his claim on two theories of liability. The first is that respondents failed to

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