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Sarti v. Unico Properties

2/18/2003

ssengers, but we can find nothing in the regulation cited by Sarti that prohibits contact. At oral argument Sarti cited WAC 296-96-02306 as the regulation that prohibits contact, but that regulation states only that the elevator doors be 'activated by a sensor, not physical contact.' WAC 296-96-02306 (emphasis added).


Moreover, that regulation took effect on January 21, 2001, over three years after the accident, so it does not apply to this case. Although the parties failed to discuss the specific code provisions and regulations that apply to this case, we note that in Brown, the court concluded that passenger contact with elevator doors is 'inevitable' and not a violation of the applicable regulations and manuals for door retraction devices. Brown, 54 Wn. App. at 866.


We therefore conclude that summary judgment was properly entered because the plaintiff failed to present specific, nonconclusory facts to support her allegations that the defendants were negligent. We affirm.






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