Smith v. Acme Paving Co.

Plaintiff Robert A. Smith appeals from an order of the Clark County Superior Court granting defendants’ motion for summary judgment and dismissing plaintiff’s damage action. We reverse and remand.

Plaintiff’s complaint alleged that on November 20, 1971, at about 5:40 p.m., he was operating his pickup truck in a westerly direction on Mill Plain Road in Vancouver, Washington, when he collided with a telephone pole which, because of ongoing construction, was situated in the middle of the roadway. Plaintiff brought this action against the City of Vancouver, Acme Paving Company, the City’s prime…