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HOLMES v. WALLACE

No. 19184-9-II.

926 P.2d 339 (1996)

84 Wash.App. 156

Magdalena E. HOLMES, as Guardian of the person and estate of Anna Wozney, Respondent, v. Larry Dale WALLACE and "Jane Doe" Wallace, and Pierce County Public Transportation Benefit Association, d/b/a Pierce Transit, Appellants.

Court of Appeals of Washington, Division 2.

Publication Ordered November 22, 1996.

Attorney(s) appearing for the Case

David Anthony Bufalini, Tacoma, Stephen Louis Bulzomi, Messina Law Firm, Tacoma, for Respondent.

Timothy R. Gosselin, Burgess, Fitzer, Leighton & Phillips Ps, Tacoma, for Appellants.

ARMSTRONG, Judge.

Larry Wallace struck Anna Wozney while she walked her dog early one morning. A jury found Wallace 45 percent at fault for the accident. Wallace appeals the verdict, arguing that (1) he was entitled to a judgment as a matter of law because Wozney produced no evidence that a reasonable person could have avoided the accident by traveling slower and using high beams; (2) the trial court erred in issuing a "speed...

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