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LOWMAN v. WILBUR

No. 86584-1.

309 P.3d 387 (2013)

178 Wn.2d 165

Nathan LOWMAN, a single person, Petitioner, v. Jennifer WILBUR and John Doe Wilbur, husband and wife and the marital community composed thereof; Country Corner, Inc. d/b/a Country Corner, a Washington corporation; Anacortes Hospitality, Inc. d/b/a Country Corner, a Washington corporation, Defendants, and County of Skagit and Puget Sound Energy, a Washington corporation, Respondents.

Supreme Court of Washington, En Banc.

Decided August 8, 2013.

Attorney(s) appearing for the Case

Thomas Jeffrey Keane , Keane Law Offices, Seattle, WA, for Petitioner.

Mark A. Wilner , Haley K. Krug , Jeffrey M. Thomas , Gordon Tilden Thomas & Cordell LLP, Seattle, WA, A.O. Denny , Skagit County Prosecutor's Office, Mount Vernon, WA, for Respondents.

Stewart Andrew Estes , Adam Rosenberg, Keating , Bucklin & McCormack, Inc., P.S., Seattle, WA, amicus counsel for Washington Defense Trial Lawyers.

Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, amicus counsel for Washington State Association.

STEPHENS, J.

¶ 1 This case presents an opportunity to clarify the interrelationship between questions of duty and legal causation in the context of a municipality's or utility's obligation to design and maintain reasonably safe roadways. We held in Keller v. City of Spokane, 146 Wn.2d 237, 44 P.3d 845 (2002), that the duty to design and maintain reasonably safe roadways extends "to all persons, whether negligent or fault...

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