HIGGINS v. INTEX RECREATION CORP.

No. 22140-7-III.

99 P.3d 421 (2004)

Thomas M. HIGGINS and Loretta C. Higgins, Husband and Wife; and Loretta C. Higgins, as Guardian ad Litem for Thomas J. Higgins, Jonathan E. Higgins, Kristopher T. Higgins, and Boyd L. Parker, III, minors, Respondents and Cross-Appellants, v. INTEX RECREATION CORP., a California Corporation, Appellant, Dan Falkner, a single man, Respondent, Curt and Angela Potter, husband and wife and their marital community composed thereof; Kyle Potter, minor son of Curt and Angela Potter, Defendants.

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

October 26, 2004.


Attorney(s) appearing for the Case

Pamela A. Okano, Reed McClure, Seattle, WA, for Appellant.

Roger A. Felice, Attorney at Law, Ross P. White, Witherspoon Kelley Davenport & Toole, Spokane, WA, Nicholas Phillip Scarpelli, Timothy James Parker, Kenneth Scott Kagan, Carney Badley Spellman, Seattle, WA, for Respondents.


SWEENEY, A.C.J.

This is a suit for personal injury damages based on product liability. To make a case, the plaintiffs had to show that the product was not reasonably safe, as designed. Ultimately our disposition here turns on whether the plaintiffs' showing at trial was sufficient to send the question of the product's (a snow tube's) safety to the jury. The plaintiffs submit that the snow tube went too fast, had no means for the rider to control it, and turned the...

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