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ROSENGREN v. CITY OF SEATTLE

No. 60804-5-I.

205 P.3d 909 (2009)

Joyce ROSENGREN and Ernest Rosengren, her husband, Petitioner/Cross-respondents, v. CITY OF SEATTLE, a municipal corporation and subdivision of the state of Washington; Seattle Department of Transportation, a department of the City of Seattle; Grace Cruncian and John Doe Cruncian, her husband, Respondents/Cross-petitioners, and James H. Hughes, Sr. and Jane Doe Hughes, his wife; James H. Hughes, Jr. and Jane Doe Hughes, his wife; Anne Hughes and John Doe Hughes, her husband; James H. Hughes and Annabel L. Hughes, as trustees for and the J-A Hughes (Revocable) Trust; John or Jane Does V-XV, Respondents.

Court of Appeals of Washington, Division 1.

April 13, 2009.

Attorney(s) appearing for the Case

Harvey S. Grad, Attorney at Law, Renton, WA, Suzanne Karen Pierce, Seattle City Attorney's Office, Seattle, WA, for Petitioners.

Joseph P. Lawrence Jr., Lawrence and Versnel PLLC, Seattle, WA, Nicole K McGrath, Teamchild, Everett, WA, for Respondents.

Daniel Brian Heid, City of Auburn, Auburn, WA, for Amicus Curiae on behalf of Washington State Assn. of Municipal Attorneys.

APPELWICK, J.

¶ 1 Trees planted by a property owner are an artificial rather than a natural condition of the land. A property owner owes a duty to exercise reasonable care that no part of any trees planted by the owner poses an unreasonable risk of harm to the pedestrian using the abutting sidewalk. We reverse the trial court's grant of summary judgment.

FACTS

¶ 2 The facts are undisputed. In 1953, James and Annabel Hughes bought the property...

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