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FITE v. MUDD

No. 54325-7-II.

498 P.3d 538 (2021)

Austin K. FITE, individually, Respondent, v. Lee R. MUDD and "Jane Doe" Mudd, individually and husband and wife, and the marital community comprised thereof; and City of Puyallup, a Municipal Corporation under the laws of the State of Washington, Appellant.

Court of Appeals of Washington, Division 2.

Filed November 9, 2021.

Attorney(s) appearing for the Case

Philip Albert Talmadge , Talmadge/Fitzpatrick, 2775 Harbor Ave. Sw, Third Floor Ste. C, Seattle, WA, 98126-2138, Andrew George Cooley , Keating Bucklin & McCormack, Inc. P.S., 801 2nd Ave. Ste. 1210, Seattle, WA, 98104-3175, Brian Augenthaler , Keating Bucklin & McCormack Inc., 801 2nd Ave. Ste. 1210, Seattle, WA, 98104-1518, Gary Manca , Talmadge/Fitzpatrick, 2775 Harbor Ave. Sw, Third Floor, Suite C, Seattle, WA, 98126, for Appellant.

Benjamin Franklin Barcus , Paul Alexander Lindenmuth , Ben F. Barcus & Associates PLLC, 4303 Ruston Way, Tacoma, WA, 98402-5313, Howard Mark Goodfriend , Catherine Wright Smith , Smith Goodfriend PS, 1619 8th Ave. N, Seattle, WA, 98109-3007, for Respondent.

Jean P. Homan , Tacoma City Attorneys Office, 747 Market St. #1120, Tacoma, WA, 98402-3701, for Amicus Curiae City of Tacoma.

Christine M. Palmer , Kitsap County Prosecutor's Office, 614 Division St., Port Orchard, WA, 98366-4614, for Amicus Curiae City of Sumner.

J Ryan Call , City of Federal Way, 33325 8th Ave S., Federal Way, WA, 98003-6325, for Amicus Curiae City of Federal Way.

PUBLISHED OPINION

¶ 1 Lee Mudd struck Austin Fite with his truck while Fite was riding his skateboard through a crosswalk. A jury awarded Fite $6.5 million in damages and found Mudd 33 percent at fault and the City of Puyallup (Puyallup) 67 percent at fault. The jury assigned no liability to Fite. Puyallup argues on appeal...

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