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HICKLY v. BARE

No. 33080-6-II.

145 P.3d 433 (2006)

Elisa M. HICKLY, individually, Appellant, v. Brian R. BARE and "Jane Doe" Bare, husband and wife, and the marital community comprised thereof; Jeffrey W. Bare and "Jane Doe" Bare, husband and wife, and the marital community comprised thereof, Respondents, John Bare and Janice Bare, husband and wife, and the marital community comprised thereof, Defendants.

Court of Appeals of Washington, Division 2.

October 24, 2006.

Attorney(s) appearing for the Case

Kari Ingrid Lester, Ben F. Barcus & Associates PLLC, Tacoma, WA, for Appellant.

Timothy Malarchick, Gig Harbor, WA, Timothy R. Gosselin, Tacoma, WA, for Respondents.

PART PUBLISHED OPINION

HUNT, J.

¶ 1 Elisa M. Hickly appeals the verdict in her personal injury action against Brian and Jeffrey Bare. The jury apportioned 35 percent fault to her and reduced her damages accordingly for voluntarily riding in an automobile driven and crashed by Brian,1 who was intoxicated. Hickly's primary argument is that RCW 5.40.060(2) precluded submitting her comparative fault to the jury because there...

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