JOHNSON v. SCHAFER

No. 53920-1.

110 Wn.2d 546 (1988)

756 P.2d 134

MARLENE JOHNSON, as Guardian ad Litem, Respondent, v. HARRY SCHAFER, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

June 2, 1988.


Attorney(s) appearing for the Case

Ogden, Ogden, Murphy & Wallace, by Phillip C. Raymond, for petitioners.

Michael R. Alfieri, for respondent.

Bertha B. Fitzer on behalf of Washington Defense Trial Lawyers Association, amicus curiae for petitioners.


PEARSON, C.J.

The issue is whether the plaintiff has presented sufficient evidence of wanton misconduct to avoid summary judgment for the defendants.

On June 7, 1983, Michael Russell was injured when the motorcycle he was riding struck a steel cable. The cable was strung a foot to 2 feet off the ground across a private road approximately 100 feet from a public road. Russell's passenger, Briann Gattenby, was killed. The private road was owned by defendants...

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