GUILLEN v. PIERCE COUNTY

Nos. 22614-6-II, 24021-1-II.

982 P.2d 123 (1999)

96 Wash.App. 862

Ignacio GUILLEN, as legal guardian for Jennifer Guillen and Alma Guillen, minors; and Mariano Guillen, as legal guardian for Paulina Guillen and Fatima Guillen, Respondents, v. PIERCE COUNTY, a municipal corporation, Petitioner.

Court of Appeals of Washington, Division 2.

August 6, 1999.


Attorney(s) appearing for the Case

Susan Paula Jensen, Pierce Co. Prosecuting Atty., Daniel Ray Hamilton, Deputy Pros. Atty., Tacoma, for Petitioner.

David Knox Dewolf, Casey, Gore & Grewe, Spokane, Salvador Alejo Mungia, Juliana Theresa Kendall, Darrell L. Cochran, Gordon, Thomas, Honeywell, et al., Tacoma, for Respondents.


MORGAN, P.J.

The question for decision is whether the entire accident history of a Pierce County intersection is exempt from discovery by virtue of 23 U.S.C. § 409. The answer is no.

In May 1995, Pierce County applied for federal highway funds to improve the intersection of 168th Street East and B Street East. It supported its application with various documents, including:

1. Motor vehicle traffic accidents...

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