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Guillen v. Pierce County9/13/2001
want to make the record clear that we are not seeking any reports that were specifically written for developing any safety construction improvement project at the intersection at issue.' Clerk's Papers (CP) at 93.
However, on behalf of our clients, we are seeking a copy of all documents that record the accident history of the intersection that may have been used in the preparation of any such reports. In other words, we are simply seeking information as to when accidents have occurred at the intersection for the last ten years. This would include any documents that record (1) the date of any such accidents, (2) the parties involved at each such accident, (3) the date of each such accident {sic}, (4) fatalities, if any, at each such accident, (5) the identification of all known accidents {sic} at each such accident, (6) copies of photographs taken at each such accident, (7) the configuration of the intersection (what traffic signs existed) at the time of each such intersection {sic}, and (8) documents recording traffic counts at the intersection.
Obviously, the documents we are requesting would not contain any opinions by Pierce County representatives as to the safety of the intersection. Instead, we are seeking documents pertaining to facts. Id. at 93-94. In a letter dated November 12, 1996, the County reiterated its refusal to release any of the requested materials or factual data relating to the intersection other than a simple traffic count, claiming that these were privileged under 23 U.S.C. sec. 409, since they represented 'data the County has compiled for the sole purpose of identifying{,} evaluating or planning the safety enhancement of potential accident sites, hazardous roadway conditions or for developing highway safety construction improvement projects' pursuant to section 152. CP at 96.
A. Public Disclosure Request:
On December 9, 1996, Guillen challenged that denial of access in Pierce County Superior Court in a complaint filed under RCW 42.17.340 of the public disclosure act (PDA). The County moved for summary judgment under 23 U.S.C. sec. 409 and RCW 42.17.310(j). Guillen filed a cross-motion for summary judgment. The trial court denied the County's motion, but granted Guillen's cross-motion, ordering the County to pay attorney fees under RCW 42.17.340(4) and to disclose the following materials:
1. Motor vehicle traffic accidents by location--County of Pierce-- prepared by Records Section, Washington State Patrol {WSP}, 1/90 - 6/30/96.
10. Collision diagram dated 1/5/89 prepared by Georgia Fischer.
11. Collision diagram dated 7/18/88 prepared by Georgia Fischer.
13. Police Traffic Collision Reports and Motor Vehicle Reports from 1/1/90 prepared by {various} law enforcement agencies.
15. Draft letter to Barbara Gelman from Frederick L. Anderson with note to file signed by Jim Ellison on 3/6/89. CP at 20-21. The County sought appellate review of the trial court's PDA ruling.
B. Civil Discovery Request:
While that appeal was still pending, Guillen filed a separate tort action in Pierce County Superior Court, claiming that the County's failure to install proper traffic controls at the intersection was a negligent proximate cause of his wife's death. When the County responded to his interrogatories by invoking 23 U.S.C. sec. 409 and RCW 42.17.310(j), Guillen moved to compel, whereupon the County moved for a protective order. The court granted Guillen's motion, denied the County's, and ordered pretrial discovery of the following materials and data:
1. The identity of all employees, agents, or officials of Defendant Pierce County
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