MITA v. GUARDSMARK, LLC

No. 31457-0-III.

328 P.3d 962 (2014)

Shizuko MITA, surviving spouse of Kay K. Mita; and Floyd Mita, individually, and as Personal Representative of the Estate of Kay K. Mita, Appellants, v. GUARDSMARK, LLC, a Delaware limited liability company; and Spokane County, a municipal corporation of the State of Washington, Respondents.

Court of Appeals of Washington, Division 3.

June 24, 2014.


Attorney(s) appearing for the Case

Richard Charles Eymann , Eymann Allison et al, Spokane, WA, Benjamin Peter Compton , Vreeland Law, Bellevue, WA, for Appellant.

William Fredrick Etter , Courtney Anne Garcea , Etter McMahon Lamberson Clary & Oreskovi, Hugh T. Lackie , Markus WilMam Louvier , Evans Craven & Lackie PS, Heather Yakely , Attorney at Law, Spokane, WA, for Respondent.


BROWN, A.C.J.

¶ 1 The estate of Kay Mita, along with Shizuko Mita and Floyd Mita individually, appeal the summary judgment dismissal of their negligence suit against Spokane County (County) and Guardsmark, LLC, arising from the tragic death of Kay.1 The Mitas contend the trial court erred in ruling the County and Guardsmark owed Kay no duty of care. We agree with the Mitas. Thus, we reverse and remand for further proceedings.

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