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BIRDSALL v. ABRAMS

No. 19242-3-III.

19 P.3d 433 (2001)

105 Wash.App. 24

Raymond D. BIRDSALL, Appellant, v. Jerry D. ABRAMS, Charles E. Kunz and Carlsberg Properties Inc., dba Richland Office Buildings, Parnters, a California General Partnership, and Jerry D. Abrams Company, Inc., a Washington Corporation, Respondents.

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

Publication Ordered and Amended March 13, 2001.

Attorney(s) appearing for the Case

Eugene G. Schuster, Critchlow, Williams & Schuster, Richland, for Appellant.

Christopher J. Kerley, Keefe, King & Bowman, Spokane, for Respondents.

SWEENEY, A.C.J.

This slip-and-fall case raises two questions. First, does a landowner who clears a portion of a public sidewalk owe a duty of care to a pedestrian who falls on the uncleared portion? No. Ainey v. Rialto Amusement Co., 135 Wn. 56, 58, 236 P. 801, 41 A.L.R. 263 (1925). Second, does a city ordinance requiring landowners to clear the public sidewalks adjacent to their land or face possible jail time provide injured pedestrians with a tort action...

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