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UNGER v. CAUCHON

No. 50379-1-I.

73 P.3d 1005 (2003)

Connie UNGER, individually and as the Personal Representative of the Estate of Jeremy Unger, deceased; and James F. Unger, Appellants, v. Connie CAUCHON and John Doe Cauchon, husband and wife; Joey Cauchon, a single person, Defendants, and Island County, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered July 28, 2003.

Attorney(s) appearing for the Case

Dominic L. Bacetich, Bacetich-Duffy Inc. P.S., Everett, WA, for Appellants.

Michael Patterson, Duncan K. Fobes, Lee Smart Cook et al, Seattle, WA, for Respondents.

AGID, J.

Connie and James Unger appeal the superior court's decision in a wrongful death action denying a motion for change of venue under RCW 4.12.030 and holding as a matter of law that Island County owed no duty to their son, the decedent, because he was driving recklessly. We affirm the trial court's denial of the motion for change of venue, but we reverse summary judgment and remand for trial because there is a genuine issue of material fact that should be decided...

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