Lowman v. Wilbur

¶1 This case presents an opportunity to clarify the interrelationship between questions of duty and legal causation in the context of a municipality’s or utility’s obligation to design and maintain reasonably safe roadways. We held in Keller v. City of Spokane, 146 Wn.2d 237, 249, 44 P.3d 845 (2002), that the duty to design and maintain reasonably safe roadways extends “to all persons, whether negligent or fault-free.” Today, we hold that the reasoning of Keller equally supports a determination of legal causation in this context. Therefore, if the jury finds the negligent placement of the…