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WIRTZ v. GILLOGLY

No. 37708-0-II.

216 P.3d 416 (2009)

Robert L. WIRTZ, Appellant, v. David and Diana GILLOGLY, individually and as a marital community; Dennis and Melinda Gillogly, individually and as a marital community, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered September 1, 2009.

Attorney(s) appearing for the Case

Kerry Martin Smith, Smith & Fjelstad, Gresham, OR, for Appellant.

Michael A. Lehner, Lehner & Rodrigues, C, Portland, OR, for Respondents.

Dennis Gillogly, Castle Rock, WA, pro se.

Melinda Gillogly, Castle Rock, WA, pro se.

HUNT, J.

¶ 1 Robert L. Wirtz appeals the trial court's summary judgment dismissal of his negligence claims against Dennis and David Gillogly and their marital communities. He argues that the trial court erred in (1) concluding that Wirtz assumed the risk of injury associated with felling trees on David Gillogly's property and (2) failing to distinguish between Wirtz's status on the property as an invitee rather than a licensee. Holding that Wirtz knowingly and...

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