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GENDLER v. BATISTE

No. 39333-6-II.

242 P.3d 947 (2010)

Michael GENDLER, Appellant, v. John R. BATISTE, Washington State Patrol, Respondent.

Court of Appeals of Washington, Division 2.

November 24, 2010.

Attorney(s) appearing for the Case

Shannon Elizabeth Inglis , Attorney General's Ofc./Criminal Justice, Seattle, WA, Rene David Tomisser , Office of the Attorney General, Olympia, WA, for Appellant.

Keith Leon Kessler , Stritmatter Kessler Whelan Coluccio , Hoquiam, WA, Charles Kenneth Wiggins , Wiggins & Masters PLLC, Bainbridge Island, WA, for Respondent.

Rene David Tomisser , Office of the Attorney General, Olympia, WA, Shannon Elizabeth Inglis , Attorney General Ofc./Criminal Justice, Seattle, WA, for Appellant Intervenor.

PENOYAR, C.J.

¶ 1 The Washington State Patrol (WSP) appeals from a summary judgment order requiring it to disclose historical bicycle accident records occurring on Seattle's Montlake Bridge. The WSP claims that federal law, 23 U.S.C. § 409 (2005), prohibits it from disclosing the records to Michael Gendler unless he agrees not to use the information in litigation against the State. Because RCW 46.52.060 imposes a duty on the WSP to create and provide such...

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