KNUTSON v. MACY'S WEST STORES, INC.

No. 75565-0-I.

406 P.3d 683 (2017)

Joshua K. KNUTSON and Natasha Knutson, and the marital community composed thereof, and Joshua K. Knutson as Guardian Ad Litem for K.K., a minor child, Appellant, v. MACY'S WEST STORES, INC., a foreign corporation; Kemper Development Company, a Washington corporation; Bellevue Square, LLC, a Washington limited liability company, Respondents. Macy's West Stores, Inc., an Ohio corporation, Third Party Plaintiff, v. Kemper Development Company, a Washington corporation; Bellevue Square, LLC, a Washington limited liability company; Schindler Elevator Corporation, a Delaware corporation, Third Party Defendants.

Court of Appeals of Washington, Division One.

Filed: December 11, 2017.


Attorney(s) appearing for the Case

Raymond J. Dearie Jr. , Dearie Law Group PS, 2025 1st Ave., Ste. 1200, Seattle, WA, 98121-3119, for Appellant.

Caroline S. Ketchley , John Woodruff Rankin Jr. , Marilee C. Erickson , Reed McClure, 1215 4th Ave., Ste. 1700, Seattle, WA, 98161-1087, Claudia Shannon , Law Offices of Sweeney & Dietzler, 1001 Fourth Ave., Ste. 3300, Seattle, WA, 98154, for Respondents.

Eric Peter Gillett , Debra Lynn Dickerson , Preg O'Donnell & Gillett PLLC, 901 5th Ave., Ste. 3400, Seattle, WA, 98164-2026, for Other Parties.


PUBLISHED OPINION

¶ 1 Escalator owners and operators are common carriers who owe their passengers a nondelegable duty to act with the highest degree of care. When an escalator malfunctions due to negligent maintenance and causes personal injury, the owner and operator cannot escape liability on the theory that they lacked...

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