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CALDWELL v. WASH. STATE DEPT. OF TRANSP.

No. 52638-3-I.

96 P.3d 407 (2004)

Christopher N. CALDWELL, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, and Michael Howard and Jane Doe Howard, husband and wife and the marital community composed thereof, Defendants. Kristine Whittemore, a single woman, Appellant/Cross-Respondent, v. Washington State Department of Transportation, Respondents/Cross-Appellants, Sheila Ridgway as Personal Representative of the Estate of Christopher Noel Caldwell, Respondents, and Michael Howard and Jane Doe Howard, and their marital community, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered August 19, 2004.

Attorney(s) appearing for the Case

Timothy K. Ford, Katrin E. Frank, MacDonald, Hoague & Bayless, James S. Rogers, Mary K. Fleck, Rogers & Fleck, Jordan Gross, Yarmuth, Wilsdon, Calfo, PLLC, Seattle, WA, for Appellants.

Catherine Hendricks, Seattle, WA, for Respondents.

APPELWICK, J.

In autumn 1995, the motorcycle on which Kristine Whittemore was a passenger collided with a Department of Transportation (DOT) litter truck. Whittemore was severely injured and sued the motorcycle's driver, the truck's driver and the DOT. A jury determined that Whittemore and the motorcycle's driver were completely at fault for the accident. Whittemore appeals. She argues that the trial court erred when it determined that RCW 46.61.030 and RCW 46.61...

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