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WICK v. CLARK COUNTY

No. 19203-9-II.

936 P.2d 1201 (1997)

86 Wash.App. 376

William WICK, as Guardian Ad Litem of Benjamin I. Wick, a minor, Appellant/Cross-respondent, v. CLARK COUNTY, a municipal subdivision of the State of Washington, Respondent/Cross-appellant, and Ronald D. Almer and Jane Doe Almer, husband and wife, Respondents. CLARK COUNTY, a municipal subdivision of the State of Washington, Respondent/Cross-appellant, v. William WICK, as Guardian Ad Litem of Benjamin I. Wick, a minor; Appellant/Cross-respondent, and Ronald D. Almer and Jane Doe Almer, husband and wife, Respondents.

Court of Appeals of Washington, Division 2.

May 16, 1997.

Attorney(s) appearing for the Case

E. Bronson Potter, Clark County Pros. Atty. Office, Vancouver, Donald Arthur Esau, Vancouver, for Respondent Cross-Appellant.

William Franklin Nelson, Horenstein & Duggan Ps, Vancouver, for Appellant Cross-Respondent.

ARMSTRONG, Judge.

Wick appeals a jury verdict finding the County faultless in a collision between his seven-year-old son and a car that had just crested a steep hill that lacked warning signs. First, Wick contends the trial court erroneously instructed that the County's duty was only to those exercising ordinary care for their own safety; he argues that this treats contributory negligence as a total bar to recovery, rather than as a reduction in plaintiff's...

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