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RIPLEY v. GRAYS HARBOR COUNTY

No. 25701-7-II.

27 P.3d 1197 (2001)

Craig and Sue RIPLEY, husband and wife; Dean and R. Joyce Hahn, husband and wife; Timothy and Monica Owen, husband and wife, Appellants, v. GRAYS HARBOR COUNTY, a political subdivision of the State of Washington, Respondent.

Court of Appeals of Washington, Division 2.

July 27, 2001.

Attorney(s) appearing for the Case

Guy M. Bogdanovich, Law Lyman Daniel Kamerrer & Bogdanovich, Olympia, for respondent.

Alvin Dwight Mayhew, Mayhew-Froehling, Puyallup, for appellants.

SEINFELD, J.

This case involves the application of the due care exception to the common enemy doctrine adopted in Currens v. Sleek, 138 Wn.2d 858, 983 P.2d 626, 993 P.2d 900 (1999), to municipal road improvement projects. We hold that the exception applies but also conclude that summary judgment was appropriate because...

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