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TRUEAX v. ERNST HOME CENTER, INC.

No. 60929-2.

124 Wn.2d 334 (1994)

878 P.2d 1208

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

The Supreme Court of Washington, En Banc.

August 18, 1994.

Attorney(s) appearing for the Case

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

Fred O. Montoya, for respondent.

DOLLIVER, J.

Ernst Home Center seeks review of the Court of Appeals reversal of a jury verdict in its favor in a negligence action brought by Linda Trueax (now Linda Zwarg). Ernst contends the claimed error, the failure to give a proposed instruction, was not preserved for review under CR 51(f). We agree and reverse.

On November 29, 1987, Linda Zwarg and her daughter were window shopping at the Franklin Park Mall in Spokane, Washington. As they were leaving...

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