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TRUEAX v. ERNST HOME CENTER

No. 12225-5-III.

70 Wn. App. 381 (1993)

853 P.2d 491

LINDA TRUEAX, Appellant, v. ERNST HOME CENTER, INC., Respondent.

The Court of Appeals of Washington, Division Three.

As amended by order August 12, 1993.

Attorney(s) appearing for the Case

Fred O. Montoya, for appellant.

Roger J. Kindley, John P. Mele, and Ryan, Swanson & Cleveland, for respondent.

[As amended by order of the Court of Appeals August 12, 1993.]

THOMPSON, J.

Linda Zwarg (formerly Linda Trueax) appeals a jury verdict and superior court order denying her motion for new trial. Ms. Zwarg was injured when her head struck an Ernst Home Center, Inc., sign protruding 21 inches into the sidewalk she was walking on. She contends the trial court erred in instructing the jury on the duty of care owed by Ernst Home Center, Inc. We reverse and remand...

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