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STOUT v. WARREN

No. 85699-1.

290 P.3d 972 (2012)

Barbara STOUT, Personal Representative of the Estate of Larry Stout, Petitioner, v. Carl J. WARREN and Jane Doe Warren, husband and wife, Defendants, Clarence Johnson, Jr. and Sally Doe Johnson, husband and wife, d/b/a "CJ" Johnson Bail Bonds, Respondents, Mike Golden and Jane Doe Golden, husband and wife, d/b/a C.C.S.R. Fugitive Recovery, Defendants.

Supreme Court of Washington, En Banc.

Decided December 20, 2012.

Attorney(s) appearing for the Case

Andrew K. Helland , Law Office of Robert Helland, Tacoma, WA, for Petitioner.

Wayne Clark Fricke , Attorney at Law, Tacoma, WA, for Respondent.

STEPHENS, J.

¶ 1 Larry Stout was severely injured during his apprehension by a subcontractor of CJ Johnson Bail Bonds (CJ Johnson) and sued the subcontractor, the contractor, and the owners of CJ Johnson. Stout asserts two theories of vicarious liability: (1) the activity is an "abnormally dangerous" one, see RESTATEMENT (SECOND) OF TORTS § 427A (1965), and (2) the activity (a) involves a "special danger" that is "inherent in or normal to the work...

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