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JESSEE v. CITY COUNCIL OF DAYTON

No. 30636-4-III.

293 P.3d 1290 (2013)

173 Wn. App. 410

Lizabeth JESSEE, Appellant, v. CITY COUNCIL OF DAYTON, the governing body of the City of Dayton, a Washington municipality, Respondent.

Court of Appeals of Washington, Division 3.

February 5, 2013.

Attorney(s) appearing for the Case

Marshall Scott Wolfram , Attorney at Law, Walla Walla, WA, for Appellant.

Michael Early McFarland Jr. , Attorney at Law, Spokane, WA, for Respondent.

SWEENEY, J.

¶ 1 The plaintiff here tripped, fell, and injured herself on an old firehouse stairway. The stairway did not comply with current building codes — the rise was too tall, the run was too small, and there was no handrail. The court summarily dismissed the suit after concluding that the plaintiff had voluntarily assumed the risk of injury. She had commented on the specific shortcomings of the stairway before encountering the risk those shortcomings...

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