BURNETT v. TACOMA CITY LIGHT

No. 30914-9-II.

104 P.3d 677 (2004)

124 Wash.App. 550

Dianna BURNETT, a single person, Ken and Maribeth Clement, husband and wife, Very Fry, a single person, Rochelle Greenwald, a single person, Jim and Annette Potter, husband and wife, Donald Rogers, a single person, William and Shelia Salomone, husband and wife, Deborah Shade, a single person, James Stenklyft, a single person, John S. Stocks as personal representative for the estate of Joseph C. Stocks, Warren Walberg, a single person, Maurice and Linda Willis, husband and wife, Thurston County Appellants, Winfred and Janet Averill, husband and wife, William Averill, a single person, Dean E. Coots, a single person, Jeannette L. and Frank W. Coffell, husband and wife, Stephen D. Fisher, a single person, Kimberlee D. and Scott M. Holder, husband and wife, Cynthia J. Jones, a single person, Angela Jones-Smith, a single person, Brian Scott Jones, a single person, Suk Am Kim and Sang Ae Kim, husband and wife, Dino J. Mangini, a single person, Wallace E. and Maria S. Potter, husband and wife, and Terry T. Wright, a single person, Pierce County Appellants, v. TACOMA CITY LIGHT, a division of the Department of Public Utilities of the City of Tacoma, the State of Washington, as obligor for Thurston County Emergency Management and Pierce County Emergency Management, Respondents.

Court of Appeals of Washington, Division Two.

A Corrected January 25, 2005.


Attorney(s) appearing for the Case

Kimberlee Holder and Jim (Arnold James) Potter, pro se.

John Stocks, Van Siclen Stocks & Finkins, Auburn, for appellants.

Paul Francis James, Attorney Generals Office, and Timothy R. Gosselin, Tacoma, for respondents.


HUNT, J.

Dianna Burnett and 31 other Nisqually River and floodplain residents who suffered damage from flooding appeal the trial court's dismissal of their action against Tacoma City Light/City of Tacoma, operator of up-river dams, and the State of Washington, obligor of County Emergency Management Services. They argue the trial court erred in ruling that (1) County Emergency Management Services owed them no special duty to warn of impending flood waters; (2) a Thurston...

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