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FREDRICKSON v. BERTOLINO'S TACOMA, INC.

No. 32916-6-II.

127 P.3d 5 (2006)

131 Wash.App. 183

Alan A. FREDRICKSON and "Jane Doe" Fredrickson, husband and wife, Appellants, v. BERTOLINO'S TACOMA, INC., a Washington corporation, d/b/a Bertolino Brothers; and "John Doe" 1 and 2 and "Jane Doe" 1 and 2, husbands and wives, Respondents.

Court of Appeals of Washington, Division Two.

Publication Ordered January 24, 2006.

Attorney(s) appearing for the Case

John Stephan Moceri, Attorney at Law, Tacoma, WA, for Appellants.

Gerrit Jonathan Ayers, Melanie T Stella, Burgess Fitzer PS, Tacoma, WA, for Respondents.

ARMSTRONG, J.

¶ 1 Alan Fredrickson appeals a summary judgment dismissing his personal injury claim against Bertolino's coffee shop. Fredrickson alleges that he was injured when a chair he sat in at Bertolino's broke. The trial court granted summary judgment because Fredrickson presented no evidence that Bertolino's either actually or constructively knew the chair was defective. Fredrickson argues that because Bertolino's way of doing business created an ongoing...

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