298 P.3d 141
Wash. Ct. App.2013Background
- Millson was injured when she tripped on a 1.5–2 inch sidewalk offset in Lynden, Washington.
- The City conceded a duty to maintain sidewalks in a reasonably safe condition for pedestrians and had notice of the offset.
- The trial court granted summary judgment for the City, reasoning the offset was open and obvious and known to Millson.
- Millson opposed and cross-moved for partial summary judgment; material facts remained as to causation and duty.
- The court held the summary judgment improper and remanded for further proceedings, reversing in part.
- Key legal issue centers on whether an open-and-obvious sidewalk offset and the plaintiff’s knowledge relieve the City of its duty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the sidewalk offset open and obvious as a fact question? | Millson disputes openness/obviousness of the offset. | City contends offset was open and obvious and Millson knew. | Question for the jury; genuine issues exist. |
| Does Millson's knowledge negate the City's duty to maintain safe sidewalks? | Knowledge would not bar claim; duty remains. | Knowledge plus openness relieves duty. | Not a foregone conclusion; issues for trial. |
| Was the trial court proper in granting summary judgment on duty. | There are disputed facts on duty and causation. | Open-and-obvious offset and Millson’s knowledge justify no duty. | Summary judgment improper; reverse and remand. |
| Should Restatement § 343A or related authorities control municipal duty here? | Restatement 343A supports greater municipal duty. | Restatement is inapplicable or misapplied. | Court concludes 343A supports greater municipal duty; material facts remain for jury. |
Key Cases Cited
- Blasick v. City of Yakima, 45 Wn.2d 309 (1954) (pedestrian not required to look at every obstacle; duty remains with city)
- Johnson v. City of Ilwaco, 38 Wn.2d 408 (1951) (survey of open-and-obvious questions and jury issues)
- Clevenger v. City of Seattle, 29 Wn.2d 167 (1947) (municipal duty to maintain sidewalks; comparative negligence framework)
- Apker v. City of Hoquiam, 51 Wn.2d 567 (1953) (prior knowledge and duty considerations in sidewalk context)
- Kennedy v. City of Everett, 2 Wn.2d 650 (1940) (duty and comparative negligence in municipal contexts)