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GARCIA v. STATE DEPT. OF TRANSP.

No. 63689-8-1.

270 P.3d 599 (2011)

161 Wash.App. 1

Tara A. GARCIA, individually and as personal representative of the Estate of Frank J. Garcia, Appellant, v. The STATE of Washington DEPARTMENT OF TRANSPORTATION, the State of Washington, and the City of Shoreline, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered May 2, 2011.

Attorney(s) appearing for the Case

John R. Walicki , Law Office of John R. Walicki , Seattle, WA, for Appellant.

Andrew G. Cooley , Catherine Hendricks , WA. Att. General, Michael W. Brown , Lee Smart PS Inc., Seattle, WA, for Respondents.

Pamela B. Loginsky , WA. Assoc. of Pros. Att., Olympia, WA, for Amicus Curiae.

SCHINDLER, J.

¶ 1 Frank Garcia was killed when the car driven by Diana Cushing struck him while he was crossing the street at the intersection of North 170th Street and Aurora Avenue North. Cushing admitted that she "wasn't really looking" and was talking to her son who was sitting in the passenger seat, and she did not see Garcia until "about two second[s] before" hitting him in the crosswalk with her car. Tara Garcia, individually and as the personal representative...

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