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McCLUSKEY v. HANDORFF-SHERMAN

No. 60210-7.

125 Wn.2d 1 (1994)

882 P.2d 157

NADINE McCLUSKEY, Individually, as Guardian, and as Personal Representative, Respondent, v. TIMOTHY HANDORFF-SHERMAN, Defendant, THE STATE OF WASHINGTON, Petitioner.

The Supreme Court of Washington, En Banc.

October 13, 1994.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, Jon P. Ferguson, Senior Counsel, and Michael A. Nicefaro, Jr., Assistant, for petitioner.

Edwards, Sieh, Wiggins & Hathaway, by Charles K. Wiggins; Stritmatter, Kessler & McCauley, by Keith Kessler; Warren, Kellogg, Barber, Dean & Fontes, by Mark Barber, for respondent.

Stewart A. Estes on behalf of Washington Defense Trial Lawyers, amicus curiae for petitioner.

Bryan P. Harnetiaux and Gary N. Bloom on behalf of Washington State Trial Lawyers Association, amicus curiae for respondent.

MADSEN, J.

At issue in this wrongful death action is whether the trial court erred in refusing to allow the State of Washington to defend its failure to improve a section of State Route (SR) 900 by fully explaining the considerations relevant to highway improvement under RCW 47.05, Washington's priority programming law.

On the afternoon of January 13, 1989, 16-year-old Timothy Handorff-Sherman was driving his 1973 Mustang. He was accompanied by a few friends...

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