HONORABLE CATHERINE D. SHAF ER
HEARING DATE: MAY 4, 2018
TRIAL DATE: OCTOBER 1, 2018

    

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KING 

MAY 041211111

SUPEHIQR sonar eteaK
BY Nicelee Seja
DEFUTY

STATE OF WASHINGTON
KING COUNTY SUPERIOR COURT

Ride the Ducks September 24, 2015 NO. 15-2-28905?5 SEA
Aurora Bridge Collision [Consolidated]

RE: ALL CASES
ORDER DENYING CITY OF

MOTION FOR
PARTIAL SUMMARY JUDGMENT

 

 

On May 4, 2018, the City of Seattle?s (City?s) Motion For Partial Summary Judgment
came on regularly for hearing before the undersigned judge. This motion concerns whether
Defendant City has a ?legal duty to install a center median barrier on the Aurora Bridge if one is
necessary and required. In deciding this motion, the Court considered the records and ?les
herein, including the following documents presented by the parties:

1. The City?s Motion For Partial Summary Judgment, the Declaration OI Tad Seder
and the attached Exhibits A - I.

2. The Washington State Department of Transportation? 5 Response, the Declaration
of Patricia D. Todd, and attached Exhibits 1?12; the Declaration of David McCormick, and his
attached and the Declaration of Mark Leth, and his attached CV.

3. Certain Plaintiff 5 Opposition to the City of Seattle?s Motion for Partial Summary

Judgment, the Declaration of Corrie Yackulic and the attached Exhibits 1-9 thereto.

 

ORDER DENYING CITY OF 1 ATTORNEY GENERSL-QF WASHINGTON
.. 0 
MOTION FOR PARTIAL SUMMARY 7141 Cleanwater Drive SW

JUDGMENT PO Box 40126
Olympia, WA 98504-0126
(360) 586-6300

 

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4. Plaintiff Eric Bishop?s oinder to Certain Plaintiffs? Opposition to the City of
Seattle?s Motion for Summary Judgment.

5. Dinh Plaintiff Group?s Opposition to the City of Seattle?s Motion for Partial
Summary Judgment, the Declaration of Karen Koehler in Support of Dinh Plaintiff Group?s
Opposition to the City of Seattle?s Motion for Partial Summary Judgment and the attached
B'higits 1-18 thereto.

The Court, being fully advised in the premises, and concluding that this motion presents
a legal issue for its consideratiOn,

NOW, THEREFORE, the Court does hereby

ORDER, ADJUDGE AND E:

1. The Cityvhas a legal duty to make sure that Aurora Avenue across the
Aurora Bridge is reasonably safe for ordinary travel, "and that duty includes an obligation to

install a center median barrier when one is required and necessary. H) N.) 
a; nail

2. The relief re uested the Cit in its motion is DENIED.
i?dn (oh. 
Dated this 4th_day of May, 2018Honorable Catherine Shaffer

 

 

Presented by;
ROBERT 

    

 

I PATRICIA D. 38074
Assistant Attorney General

STEVE PUZ, WSBA NO. 17407

Senior Counsel

RICHARD FRASER WSBA NO. 37577
Assistant Attorney General 

Attomeys for State of Washington

li'

 

 

ORDER DENYING CITY OF 2 ATTORNEY GENERAL OF WASHINGTON
Torts Division
MOTION FOR PARTIAL SUMMARY 7,4, Gamma, Drive SW
JUDGMENT PO Box 40126
Olympia, WA 98504-0126
(360) 586-6300