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KELLER v. CITY OF SPOKANE

No. 70866-5.

44 P.3d 845 (2002)

Jean KELLER, as general guardian of Casey Keller, an incompetent, Respondent, v. CITY OF SPOKANE, a municipal corporation, Petitioner, Walter Balinski and Hazel Balinski, husband and wife, Defendants.

Supreme Court of Washington, En Banc.

Decided April 25, 2002.

Attorney(s) appearing for the Case

Bryan Harnetiaux, Harbaugh & Bloom, Gary Neil Bloom, Debra Stephens, Spokane, Amicus Curiae on Behalf of Washington State Trial Lawyers Association.

Keating, Bucklin & McCormack, Andrew George Cooley, Seattle, Amicus Curiae on Behalf of Washington Defense Trial Lawyers.

Alexander, Bierman, I. Richard Lassman, Seattle, for Defendant.

Milton G. Rowland, James Anthony Richman, Asst. Spokane City Attorneys, Spokane, for Petitioner.

Roger A. Felice, Dawson & Meade, Edward A. Dawson, Spokane, for Respondent.

BRIDGE, J.

In this negligence action, the City of Spokane (City) seeks reversal of a Court of Appeals decision in favor of Jean Keller, as general guardian for Casey Keller. We hold that the trial court's instruction to the jury as to the City's duty to maintain its roadways was misleading and legally erroneous because it allowed the jury to conclude that the City owed Keller no duty if it found that Keller had acted negligently.

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