SMITH v. ACME PAVING

No. 1746-2.

16 Wn. App. 389 (1976)

558 P.2d 811

ROBERT A. SMITH, Appellant, v. ACME PAVING COMPANY, ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

November 17, 1976.


Attorney(s) appearing for the Case

John A. Barlow and Walstead, Mertsching, Husemoen, Donaldson & Barlow, for appellant.

Dennis Duggan, Gallup, Duggan & Frewing, and Boettcher, LaLonde, Kleweno & Ladley, for respondents.


REED, J.

Plaintiff Robert A. Smith appeals from an order of the Clark County Superior Court granting defendants' motion for summary judgment and dismissing plaintiff's damage action. We reverse and remand.

Plaintiff's complaint alleged that on November 20, 1971, at about 5:40 p.m., he was operating his pickup truck in a westerly direction on Mill Plain Road in Vancouver, Washington, when he collided with a telephone pole which, because of ongoing construction...

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