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WEAVER v. SPOKANE COUNTY

No. 29878-7-III.

275 P.3d 1184 (2012)

168 Wn. App. 127

Delores WEAVER, as personal representative of the Estate of Duane E. Weaver, Appellant, v. SPOKANE COUNTY, a Washington State Municipal Corporation, Respondent.

Court of Appeals of Washington, Division 3.

May 8, 2012.

Attorney(s) appearing for the Case

Howard Mark Goodfriend , Smith Goodfriend PS, Seattle, WA, Stephen Layne Nordstrom , Attorney at Law, Spokane, WA, for Appellant.

Peter Joseph Johnson , Johnson Law Group, Spokane, WA, for Respondent.

¶ KULIK, J.

¶ 1 About one and one-half hours after a sheriff's deputy told an intoxicated Duane Weaver not to walk in the street, or to at least walk facing traffic, a drunk driver struck Mr. Weaver. He died 17 months later from his injuries. Mr. Weaver's estate (the Estate) sued Spokane County for negligence, claiming that the deputy's failure to take Mr. Weaver into protective custody breached the duty owed to him. The Estate asserts Mr. Weaver was incapacitated...

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