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CULTEE v. CITY OF TACOMA

No. 23536-6-II.

977 P.2d 15 (1999)

95 Wash.App. 505

Christine CULTEE, an individual, and personal representative for the Estate of Reabecka Ann Cultee, and Kevin G. Cultee, Appellants, v. The CITY OF TACOMA, a municipal corporation, Respondent.

Court of Appeals of Washington, Division 2.

May 7, 1999.

Attorney(s) appearing for the Case

Jeffrey Frank Hale, Johnson Graffe Keay & Moniz, Tacoma, for respondent.

David A. Nold, Inslee Best Doezie & Ryder, Bellevue, for appellant.

Charles Henry Williams, Olympia, for plaintiff Cultee.

HUNT, J.

Christine Cultee appeals summary judgment dismissal of her wrongful death action against the City of Tacoma for the death of her five-year-old daughter Reabecka, who drowned while riding her bike at Nalley Ranch. Holding that there are issues of material fact that preclude application of Washington's recreational immunity statute, we reverse and remand for trial.

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