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CLARK v. PAYNE

No. 13317-2-II.

61 Wn. App. 189 (1991)

810 P.2d 931

LYNN M. CLARK, Respondent, v. RICHARD J. PAYNE, Appellant.

The Court of Appeals of Washington, Division Two.

May 6, 1991.

Attorney(s) appearing for the Case

Lindsay, Hart, Neil & Weigler, by Daniel A. Nye (William M. Tomlinson and Rick T. Haselton, of counsel), for appellant.

John A. Barlow and Walstead, Mertsching, Husemoen, Donaldson & Barlow, P.S., for respondent.

Bruce G. Lamb, Stephen P. Larson, and Marcus B. Nash on behalf of Washington Defense Trial Lawyers, amicus curiae for appellant.

Brian P. Harnetiaux, Keith L. Kessler, and Robert H. Whaley on behalf of Washington State Trial Lawyers Association, amicus curiae for respondent.

ALEXANDER, J.

Richard J. Payne appeals a partial summary judgment of the Cowlitz County Superior Court, denying him the affirmative defense of contributory fault. The defense arose from Lynn Clark's alleged failure to use a safety belt. We affirm.

The facts are not in dispute. A car accident occurred on May 10, 1987, on Interstate 5 in Cowlitz County. A vehicle driven by Payne struck Clark's vehicle from behind causing Clark's vehicle to spin out of control...

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