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BARRETT v. LOEW'S HOME CENTERS, INC.

No. 43024-0-II.

324 P.3d 688 (2013)

179 Wash.App. 1

Shirley BARRETT, individually, Appellant, v. LOEW'S HOME CENTERS, INC., aka Lowe's, a business entity; and Jeff aka John McDowell, individually, Respondents.

Court of Appeals of Washington, Division 2.

Ordered Published August 13, 2013.

Reconsideration Granted In Part August 13, 2013.

Attorney(s) appearing for the Case

James E. Koenig , Law Office of James Koenig, Seattle, WA, for Appellant.

Lori Marie Bemis , McGavick Graves, Tacoma, WA, A. Troy Hunter , Floyd Pflueger & Ringer PS, Seattle, WA, for Respondents.

PENOYAR, J.

¶ 1 Shirley Barrett was injured by falling boxes while watching John McDowell, a Lowe's employee, unload the trailer she had delivered. She sued both Lowe's and McDowell for negligence. The trial court granted summary judgment in favor of Lowe's.1 Barrett, appeals, arguing that the trial court erred by concluding that implied primary assumption of risk applied to bar her recovery. Because Barrett did not assume the risk...

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