STEPHENS v. CITY OF SEATTLE

No. 26149-5-I.

62 Wn. App. 140 (1991)

813 P.2d 608

ROSALIE E. STEPHENS, ET AL, Individually and as Coguardians, Appellants, v. THE CITY OF SEATTLE, Respondent.

The Court of Appeals of Washington, Division One.

July 29, 1991.


Attorney(s) appearing for the Case

Keith Kessler and Stritmatter, Kessler & McCauley, for appellants.

Marcus Nash, Thomas Frey, and Stafford Frey Cooper & Stewart, for respondent.


BAKER, J.

Rosalie E. and David P. Stephens, coguardians of William H. Stephens, an incompetent, appeal the summary judgment dismissing their negligence suit against the City of Seattle. They allege the trial court erred in finding no proximate cause as a matter of law based upon the facts that Stephens had been drinking and speeding on his motorcycle before he struck a negligently designed curb and sustained severe head injuries. We agree and reverse.

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