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BRATTON v. WELP

No. 71231-0.

39 P.3d 959 (2002)

Norma BRATTON, The Estate of Steve Bratton, Robert Bratton, a Minor, and Jerry Brown, Petitioners, v. Peter WELP, City of Spokane, Defendants, County of Spokane, Respondent.

Supreme Court of Washington, En Banc.

February 14, 2002.

Attorney(s) appearing for the Case

Michael P. Connelly, Rebecca Lynn Stewart, Asst. Spokane City Attorneys, Bradley Jay Axtell, Spokane, for Petitioners.

Reed & Giesa, D. Roger Reed, Aaron D. Goforth, Spokane, for Respondent.

PER CURIAM.

The issue here is whether there is a material question of fact that bars resolution of this case on summary judgment. We conclude there is such a question, and therefore, reverse the Court of Appeals and remand to the trial court for further proceedings.

FACTS

Norma Bratton caught her mother's neighbor, Peter Welp, stealing a battery from her mother's car on December 24, 1996. Mr. Welp began arguing...

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