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FERNANDEZ v. DEPT. OF HIGHWAYS

No. 10380-0-II.

49 Wn. App. 28 (1987)

741 P.2d 1010

RUSSELL XAVIER FERNANDEZ, Appellant, v. THE DEPARTMENT OF HIGHWAYS, ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

August 14, 1987.

Attorney(s) appearing for the Case

Daniel F. Sullivan, Phillip Offenbacker, and Christopher L. Otorowski (Melvin M. Belli, Sr., and Richard E. Brown, of counsel), for appellant.

Kenneth O. Eikenberry, Attorney General, and David E. Walsh, Deputy; Dave Frohnmayer, Attorney General for the State of Oregon, James Mountain, Jr., Solicitor General, and Michael D. Reynolds, Assistant; Hugh J. Potter; James M. Thomas, Sheri L. Flies, and Diamond & Sylvester, for respondents.

ALEXANDER, J.

Russell Fernandez appeals summary judgment orders of the Clark County Superior Court in favor of the states of Washington and Oregon, and Sverdup & Parcel & Associates (S & P). He asserts that the trial court erred in concluding as a matter of law that: (1) he was a trespasser, and (2) the defendants did not breach their duty to refrain from willfully and wantonly causing injury to him. He also contends that the trial court erred in concluding...

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