DIBLASI v. CITY OF SEATTLE

No. 36212-7-I.

933 P.2d 443 (1997)

85 Wash.App. 514

Patricia DIBLASI, a single woman; Safeco Insurance Company of America, a stock insurance company, Respondent/Cross-Appellants, v. The CITY OF SEATTLE, a municipal corporation, Appellant/Cross-Respondents.

Court of Appeals of Washington, Division 1.

March 31, 1997.


Attorney(s) appearing for the Case

Denny E. Anderson, Asst. City Attorney, Seattle, for Appellant.

Karen A. Willie, Smith, Smart, Hancock, Tabler & Schwensen, Seattle, for Respondent.


WEBSTER, Judge.

This is a water law case involving the common enemy rule. DiBlasi's land initially slumped and later collapsed due to water soaked soil. She sued the City of Seattle, alleging that it collected and thrust surface water on to her property from a city street. The trial court granted DiBlasi summary judgment.

On appeal, the City contends that the mere improvement of a public right of way can not constitute artificial collection, concentration...

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