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GUILLEN v. PIERCE COUNTY

No. 68535-5.

31 P.3d 628 (2001)

144 Wash.2d 696

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. The Estate of Clementina Guillen-Alejandre, Defendant, Robert and LuAnn Whitmer, husband and wife, individually, and as the guardians of Shanna Whitmer, a minor, Hannah Whitmer, a minor, and Denel Whitmer, an incapacitated person, Respondents, v. Chin S. Yuk and "Jane Doe" Yuk, husband and wife, and the marital community composed thereof, and Chang Choi and "Jane Doe" Choi, husband and wife, and the community composed thereof; City of Lakewood, a municipal corporation; Pierce County, a municipal corporation; and the City of Tacoma, a municipal corporation, Petitioners.

Supreme Court of Washington, En Banc.

Decided September 13, 2001.

Attorney(s) appearing for the Case

Harold Dodge, Vernon Harkins, Tacoma, Garth Jones, Hoquiam, Richard Bernedetti, Tacoma, Timothy Malarchick, Gig Harbor, Thomas West, Philip Brennan, Tacoma, Keith Kessler, Hoquiam, Charles Wiggins, Bainbridge Island, Gerald Horne, Pierce County Prosecutor, Daniel R. Hamilton, Deputy, Susan Jensen, Deputy, Tacoma, Jeffrey Hale, Tacoma, for Petitioner.

Salvador Mungia, Darrell Cochran, Tacoma, Juliana Burnett, Bellevue, David DeWolf, Spokane, for Respondents.

William Cameron, Tacoma, Amicus Curiae on Behalf of Washington State Assn of Municipal Attorneys.

E. Bronson Potter, Vancouver, Amicus Curiae on Behalf of Association of Prosecuting.

Christine Gregoire, Attorney General, William Williams and Michael Taradif, Assists., Olympia, Amicus Curiae on Behalf of State of Washington.

Debra Stephens, Bryan Harnetiaux, Gary Bloom, Spokane, Amicus Curiae on Behalf of Washington State Trial Lawyers Assoc.

BRIDGE, J.

The respondents in these consolidated cases seek access to accident reports and other materials and data held by the local government petitioners relating to the traffic history of the sites of their subject car accidents. Petitioners claim that all accident reports are nondiscoverable, since RCW 46.52.080 declares them "confidential" and inadmissible. Petitioners also contend that all the materials and data...

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