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AVELLANEDA v. STATE

No. 41060-5-II.

273 P.3d 477 (2012)

Flor AVELLANEDA and Alvaro Avellaneda, husband and wife, and the marital community composed thereof, Appellants, v. STATE of Washington, Respondent.

Court of Appeals of Washington, Division 2.

March 27, 2012.

Attorney(s) appearing for the Case

Eugene Nelson Bolin, Jr. , Law Offices of Eugene N. Bolin, Jr., Edmonds, WA, for Appellants.

Garth Ahearn , Office of the Attorney General-Tacoma, Tacoma, WA, for Respondent.

WORSWICK, J.

¶ 1 Flor Avellaneda was seriously injured when two cars crossed the median on state route (SR) 512 and one of them struck her car. Flor1 and her husband, Alvaro Avellaneda, sued the State, alleging that the Washington State Department of Transportation (WSDOT) negligently failed to timely install a barrier on the SR 512 median. The trial court granted summary judgment in favor of the State on the basis of discretionary...

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