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Karr v. the12/19/1988
Barbara Karr and her fellow plaintiffs appeal the summary judgment entered against them in their wrongful death suit against Washington State. The plaintiffs are the personal representatives of 14 of the 60 persons killed in the May 18, 1980, eruption of Mount St. Helens. They brought this action against the State and the Weyerhaeuser Company seeking recovery for those deaths. Plaintiffs allege that the State was negligent in establishing certain restricted zones around Mount St. Helens prior to the eruption. The trial court granted the State's motion for summary judgment and the plaintiffs have appealed.
Mount St. Helens and its immediate environs stand within the overlapping boundaries of the Gifford-Pinchot National Forest, the state of Washington and the counties of Cowlitz, Lewis, Clark and Skamania. Prior to May 1980, it was a popular recreational area and the location of a major Weyerhaeuser tree farm employing 800 to 1,000 loggers.
On March 20, 1980, earthquakes began to shake Mount St. Helens. The quakes increased in frequency and intensity for the next week. On March 25, 1980, the United States Forest Service (Forest Service) closed the mountain to all entry above the timberline. On March 26, 1980, the first of many meetings of local, state and federal agencies with jurisdiction over the volcano area was held in Vancouver, Washington. Representatives from affected power companies, private businesses and the media also attended.
One result of this meeting was the creation of the Emergency Coordinating Center (ECC) designed to operate out of the United States Forest Service office, coordinating
services and planning related to volcanic activity. In addition, the various governmental entities agreed to restrict, coordinate and monitor air and ground traffic around the mountain. Administrative and enforcement responsibilities for these activities were assigned to specific agencies. The next day, March 27, 1980, the mountain issued its first significant eruption of steam and ash.
Another meeting followed on March 30, 1980, concerned primarily with the spiraling costs being incurred by the Counties in restricting and policing ground traffic. Curious citizens were flocking to the area despite warnings of potential dangers. The Counties declared states of emergency and requested that Governor Dixy Lee Ray do the same, thereby enabling the Counties to seek assistance from state agencies.
On April 2, 1980, the various agencies and the media received a press release titled "Past Effects of Mount St. Helens Volcano" from the United States Geological Survey (USGS). The release did not predict the outcome of the volcanic activity but indicated that the present level was probably harmless to "the lives or health of people in areas more than 20 miles north, east, and south of the volcano, or more than 10 miles west of the volcano." On the same date, the Governor established a "Mount St. Helen's Watch Group" comprised of representatives from those state agencies most involved with the volcano. The Watch Group was charged with developing plans and recommending actions to be taken by state government in response to the volcano.
The Governor declared a state of emergency on April 3, 1980, and directed that the State Disaster Preparedness
Plan be implemented. On the same day, the USGS scientists reported increased concern due to harmonic tremors on the mountain.
On April 7, 1980, the Watch Group met to clarify responsibilities and coordinate activities -- e.g., Department of Game and Fisheries personnel were directed to assist Washington State Patrol and National Guard in manning roadblocks. As v
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