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WILBERT v. METROPOLITAN PARKS DIST.

No. 20311-1-II.

950 P.2d 522 (1998)

Oscar WILBERT, Jr., individually; Joyce Ann Burgess, individually; and Oscar Wilbert jr. as the Personal Representative of the Estate of Derrick Wilbert, deceased, Appellants, v. METROPOLITAN PARK DISTRICT OF TACOMA, Respondent.

Court of Appeals of Washington, Division 2.

As Amended on Denial of Reconsideration April 24, 1998.

Attorney(s) appearing for the Case

Edward Sydney Winskill, Davies Pearson Pc, Tacoma, for Respondent.

Stephen Louis Bulzomi, Messina Law Firm, Tacoma, for Appellants.

ARMSTRONG, Judge.

The Metropolitan Park District (Metro) rented out space to Ghetto Down Productions to put on a private dance. During the dance, Derrick Wilbert was shot and killed by two assailants. Wilbert's family (the Wilberts) sued Metro alleging theories of premises liability and voluntarily-assumed duty based on an alcohol policy of Metro. The trial court granted Metro's motion for summary judgment, finding that Metro owed no legal duty to protect Wilbert...

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