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SOUTH v. A.B. CHANCE CO.

No. 48136-9.

96 Wn.2d 439 (1981)

635 P.2d 728

CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN KENNETH L. SOUTH, Plaintiff, v. A.B. CHANCE COMPANY, Defendant.

The Supreme Court of Washington, En Banc.

November 2, 1981.

Attorney(s) appearing for the Case

Richards, Bergmann & Kinerk, Inc., P.S., Dwayne A. Richards, and Richard B. Kilpatrick, for plaintiff.

Riddell, Williams, Ivie, Bullitt & Walkinshaw, by Richard H. Riddell, for defendant.

BRACHTENBACH, C.J.

The question in this case was certified to us, pursuant to RCW 2.60, by the Western District of Washington at Seattle of the United States District Court.

The question certified is:

In a strict liability cause of action to which the new comparative fault statute (S.B. 3158) [Laws of 1981, ch. 27] is not applicable, does a finding that plaintiff assumed the risk of accident bar the plaintiff's recovery or does assumption of risk...

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