Curtiss v. Young Men's Christian Ass'n

Since our opinion in Curtiss v. YMCA, 7 Wn. App. 98, 498 P.2d 330 (1972), Premier has filed a petition for rehearing. This petition points out a possible inconsistency between the language in our opinion in the instant case 'and some of the language contained in Simmons v. Koeteeuw, 5 Wn. App. 572, 489 P.2d 364 (1971). Consequently, we deem it necessary to clarify this apparent inconsistency.

In Simmons we quoted from Justice Neill’s concurring opinion in Ulmer v. Ford Motor Co., 75 Wn.2d 522, 535, 452 P.2d 729 (1969) advocating that under the Restatement (Second) of Torts § 402A (1965) a…