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Sager v. County of Spokane2/24/2005
On October 28, 2000, Dale Bradley was driving in the center lane of Sprague Avenue and began to turn left onto Dishman Road. Unfortunately, Mr. Bradley was unaware that four days earlier this portion of Sprague had become a five-lane, one-way street as the result of the Valley Couplet roadway project. When turning left, Mr. Bradley crossed two lanes of traffic and drove directly into the path of John Sager, who was driving his motorcycle in the lane closest to the curb. Mr. Sager died from his injuries. A wrongful death lawsuit was filed by his family and estate (collectively 'Ms. Sager') against the County, the Bradleys, and K.C. Construction, Inc. Ms. Sager settled with the County and the Bradleys, and K.C. Construction was dismissed on summary judgment.
Ms. Sager appeals, contending the court erred by granting summary judgment because K.C. Construction had a duty (1) to reasonably anticipate and alleviate all dangerous conditions in or near the construction area; (2) to use ordinary care when complying with the standards set forth in the Manual on Uniform Traffic Control Devices (MUTCD); and (3) to warn motorists about dangerous conditions caused by construction and roadway design. Ms. Sager also maintains that there are numerous issues of fact that must be resolved by a jury. Because we conclude K.C. Construction did not have an independent or concurrent duty to use ordinary care to remove or repair hazardous conditions beyond the boundaries of the construction zone, we affirm the judgment of the trial court.
FACTS
Cause of Action
On the morning of October 28, 2000, John Sager was driving his motorcycle westbound on Sprague Avenue between Argonne and Dishman Road. At the time, Sprague was a one-way arterial going westbound as a result of the Valley Couplet roadway project.
Mr. Sager was traveling in the southernmost lane of Sprague at Argonne. Dale Bradley was also traveling westbound on Sprague, but he was driving a minivan in one of the center lanes. Unaware that Sprague had been changed from a two-way street to a five-lane, one-way street, Mr. Bradley made a left-hand turn onto Dishman cutting across two lanes of traffic. By turning left, Mr. Bradley drove directly into the path of Mr. Sager. Mr. Sager's motorcycle struck Mr. Bradley's van. Mr. Sager subsequently died as a result of the injuries he sustained in collision.
Ms. Sager filed a negligent construction lawsuit against K.C. Construction, Inc., the County, and Dale and Patricia Bradley. Ms. Sager settled with the Bradleys and the County. K.C. Construction was dismissed on summary judgment. Ms. Sager challenges this decision on appeal.
Valley Couplet Project
In 1999, Spokane County redesigned portions of Sprague as part of the Valley Couplet. K.C. Construction, Inc. was the general contractor on the project.
Prior to the redesign, Sprague had seven lanes of traffic at the Dishman intersection: three westbound, three eastbound, and a lane specifically designed for left turns. The left-turn lane for westbound traffic turning onto Dishman was comprised of a raised center island and white striping consisting of a wide channeling and a stop bar.
Construction began on the Valley Couplet in 1999. As designed by the County, the Valley Couplet created a new four-lane, one-way road, Appleway, to serve east-bound traffic from the Interstate 90-Sprague interchange to University Road. All westbound traffic from University to Thierman Road would travel on Sprague, which would be reconfigured to accommodate five lanes of one-way westbound traffic.
Terms of the Original Contract between the County and K.C. Co
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