ΒΆ7 The Court of Appeals quickly and appropriately disposed of Tukwila's primary argument that it did not owe any duty to the Nelsons. Owen v. Burlington N. Santa FeR.R., 114 Wn. App. 227, 232-33, 56 P.3d 1006 (2002). After noting that a municipality's duty to maintain its roadways reasonably safe for ordinary travel is owed to all persons, whether fault-free or negligent, id. (quoting Keller v. City of Spokane, 146 Wn.2d 237, 249, 44 P.3d 845 (2002)), the appellate court held evidence of the Nelsons' negligence does not "excuse the City from its duty" and does not "justify the order of dismissal."
September 5, 2003. Petition for review of a decision of the Court of Appeals, No. 48093-6-I, November 4, 2002, 114 Wn. App. 227. Petitioner City of Tukwila's petition granted September 5, 2003. Petitioner Owen's petition denied September 5, 2003.