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LOCKE v. CITY OF SEATTLE

No. 55256-2-I.

137 P.3d 52 (2006)

Kevin J. LOCKE, Respondent, and Tori Locke, husband and wife and the marital community composed thereof, Plaintiff, v. The CITY OF SEATTLE, a municipal Corporation, and the City of Seattle Fire Department, Appellants, and The State of Washington, its subdivisions and agencies, and the Washington State Patrol, James Sewell, Molly Douce, John Cameron, and "John Does" 1-5, in their individual capacities, Defendants.

Court of Appeals of Washington, Division 1.

Reconsideration Denied July 24, 2006.

Attorney(s) appearing for the Case

Gregory Dale Fuller, Thomas Sean Sheehan, Seattle City Attorneys Office, William Robert Hickman, Pamela A. Okano, Reed McClure, Seattle, WA, for Appellants.

Eric Andrew Mentzer, Attorney General of Washington, Olympia, WA, for Defendants.

John L. O'Brien, David J. Wieck, O'Brien Law Firm PLLP, Issaquah, WA, William Joel Rutzick, Schroeter Goldmark & Bender, Seattle, WA, for Respondent.

Alexander John Skalbania, Emmal Skalbania & Vinnedge PLLC, Seattle, WA, Thomas A. Woodley, International Assoc. of Fire Fighters, Washington, DC, Amicus Curiae on behalf of International Association of Fire Fighters.

Milton G. Rowland, Attorney at Law, Spokane, WA, Amicus Curiae on behalf of State Association of Municipal Attorneys.

PUBLISHED IN PART

DWYER, J.

¶ 1 Fire fighter trainee Kevin Locke was injured during a training exercise. A jury found the city of Seattle negligent and returned a substantial verdict in Locke's favor. The city now appeals from the judgment entered on the verdict, raising constitutional, statutory, evidentiary, instructional, and procedural challenges. Finding no error, we affirm.

FACTS

¶ 2 Kevin Locke was hired by the Seattle...

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