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XIAO PING CHEN v. CITY OF SEATTLE

No. 62838-1-I.

223 P.3d 1230 (2009)

XIAO PING CHEN, individually and as Personal Representative for the estate of Run Sen Liu, and Yu Ting Liu, a single person, Appellants, v. The CITY OF SEATTLE, Respondent, and Peter Walton Brown and Jane Doe Brown; and John and Jane Does 1-10, jointly and individually, Defendants.

Court of Appeals of Washington, Division 1.

December 28, 2009.

Attorney(s) appearing for the Case

James C. Buckley, Ronald Lewis Unger, Buckley & Associates, PS, Inc., Seattle, WA, Philip Albert Talmadge, Peter Lohnes, Talmadge/Fitzpatrick, Tukwila, WA, for Appellants.

Rebecca Boatright, Stephanie P. Dikeakos, Thomas Aquinas Carr, Seattle City Attorney's Office, City of Seattle/Tort Division, Seattle, WA, for Respondent.

Keith Leon Kessler, Garth L. Jones, Stritmatter Kessler Whelan Coluccio, Hoquiam, WA, for Amicus Curiae on behalf of Stritmatter Kessler Whelan Coluccio.

DWYER, A.C.J.

¶ 1 A municipality has a duty to all travelers to maintain its roadways in conditions that are safe for ordinary travel. Whether roadway conditions are reasonably safe for ordinary travel depends on the circumstances surrounding a particular roadway. Although relevant to the determination of whether a municipality has breached its duty, evidence that a particular physical defect in a roadway rendered the roadway dangerous or misleading or evidence...

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