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ZUNIGA v. PAY LESS DRUG STORES, N.W., INC.

No. 35488-4-I.

917 P.2d 584 (1996)

82 Wash.App. 12

Jose ZUNIGA, Appellant, v. PAY LESS DRUG STORES, N.W., INC.; Robert Jay Huff and Jane Doe Huff, individually and as a marital community, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered May 30, 1996.

Attorney(s) appearing for the Case

Georgia Locher, Seatac, for appellant.

Anthony C. Johnson, Seattle, for respondents.

BECKER, Judge.

Jose Zuniga appeals the summary dismissal of his complaint for injuries sustained when a Pay Less truck driver inadvertently ran over his leg. We conclude that because Zuniga was a trespasser on property belonging to Pay Less, Pay Less could not be held liable absent a showing of willful and wanton misconduct.

Jose Zuniga is a homeless person living in Seattle. On the night of March 8, 1993, he went to sleep near a loading dock off an alley...

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