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KELLER v. CITY OF SPOKANE

No. 17744-1-III.

17 P.3d 661 (2001)

104 Wash.App. 545

Jean KELLER as General Guardian of Casey Keller, an incompetent, Appellant, v. CITY OF SPOKANE, a municipal corporation; Walter Balinski and Hazel Balinski, husband and wife, Respondents.

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

February 1, 2001.

Attorney(s) appearing for the Case

Roger A. Felice, Roger A. Felice P.S., Edward A. Dawson, Dawson & Meade, Spokane, for Appellant.

Milton G. Rowland, James A. Richman, Asst. City Attys., Spokane, I. Richard Lassman, Seattle, for Respondents.

SWEENEY, A.C.J.

This is an intersection accident case. Casey Keller's motorcycle collided with Walter Balinski's car when Mr. Balinski failed to cede the right of way at an intersection controlled by two-way stop signs. The trial judge instructed the jury that the City of Spokane had a duty to maintain its streets in a condition reasonably safe for persons using them in a proper manner and exercising ordinary care for their...

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