LYBBERT v. GRANT COUNTY

No. 17027-6-III.

969 P.2d 1112 (1999)

93 Wash.App. 627

Kay LYBBERT and Norma Lybbert, husband and wife, and the marital community composed thereof, Appellants, v. GRANT COUNTY, State of Washington, Respondent.

Court of Appeals of Washington, Division 3, Panel Four.

Reconsideration Denied February 12, 1999.


Attorney(s) appearing for the Case

George M. Ahrend, Spokane, for Appellants.

George Fearing, Leavy, Schultz & Davis, Kennewick, for Respondent.


SCHULTHEIS, C.J.

Kay and Norma Lybbert appeal the summary judgment dismissal of their claim for damages against Grant County. We reverse the order of dismissal and remand for trial on the merits.

On March 8, 1993, Mr. and Mrs. Lybbert sustained serious physical injuries as well as damage to the vehicle they were operating when it left the road. The accident was allegedly the result of a washout of a county road due to a sudden downpour in Grant County. The...

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