OWEN v. BURLINGTON N. SANTA FE

2 Citing cases

  1. Owen v. Burlington Northern Santa Fe Railroad

    153 Wn. 2d 780 (Wash. 2005)   Cited 240 times
    Noting that "[c]ause in fact is usually a question for the trier of fact and is generally not susceptible to summary judgment."

    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."

  2. Owen v. Burlington

    149 Wash. 2d 1032 (Wash. 2003)

    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.