Jun 21, 2021
Steven G. Wraith and Erik R. Connell prevailed on a summary judgment motion in Cook v. Contractor in Pierce County Superior Court. The plaintiff alleged that she fell on a temporary asphalt patch in a public crosswalk. Steve and Erik’s client had contracted to install a permanent asphalt patch on the subject crosswalk, but had not yet performed the work. The plaintiff alleged that the contractor owed a duty to her as a possessor of land because it was entitled to enter the land. The court held, however, that it owed no duty to the plaintiff because it did not possess the land, as it had not yet occupied the land, and the land in question was a public crosswalk.