ZOROTOVICH v. TOLL BRIDGE AUTHORITY

No. 379-1.

4 Wn. App. 801 (1971)

484 P.2d 928

PAUL J. ZOROTOVICH, Respondent and Cross-appellant, v. WASHINGTON TOLL BRIDGE AUTHORITY et al., Appellants.

The Court of Appeals of Washington, Division One — Panel 2.

April 26, 1971.


Attorney(s) appearing for the Case

Martin, Niemi & Burch, Edward C. Burch, and Reed, McClure, & Moceri, by J.E. Thonn and William R. Hickman, for appellants.

Horswill, Keller, Rohrback, Waldo & Moren, Dwayne A. Richards, and Elizabeth J. Bracelin, for respondent and cross-appellant.


SWANSON, J.

Defendants, Washington Toll Bridge Authority ("Toll Bridge") and Boyd D. Simmons and wife, appeal from an order granting Paul Zorotovich a new trial. Plaintiff Zorotovich cross-appeals and assigns error to the trial court's failure to give his requested instruction defining the Toll Bridge's duty of care as being the "highest degree of care" rather than "ordinary care" as stated in the court's instructions to the jury.

On July 4, 1967, Paul Zorotovich...

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