Lowman v. Wilbur (Majority, Concurrence and Dissent)
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In "Keller v. City of Spokane," (44 P.3d 845 (2002)), the Washington Supreme Court held that the duty to design and maintain reasonably safe roadways extended "to all persons, whether negligent or fault-free." This case presented an opportunity to clarify the relationship between questions of duty and legal causation in the context of a municipality's or utility's obligation to design and maintain reasonably safe roadways. In this case, the Court held that the reasoning of Keller equally supported a determination of legal causation. Therefore, if the jury finds the negligent placement of the utility pole too close to the roadway was a cause of plaintiff's injuries when defendant's car left the roadway and struck the pole then it was also a legal cause of plaintiff's injuries.
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