Legal Opinion

Susan Kitzmiller, V. Kirk Schroeder

Court of Appeals of Washington

Decided May 3, 2021No. 81335-8Unpublished

1Opinion of the Court

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON SUSAN KITZMILLER, DIVISION ONE Appellant, No. 81335-8-I v. UNPUBLISHED OPINION KIRK SCHROEDER, Respondent. COBURN, J. — Susan Kitzmiller appeals the trial court’s grant of summary judgment to Kirk Schroeder, who she sued for negligence after sustaining injuries from a fall on his boat after sitting next to an open hatch. We hold that Schroeder had no duty to warn Kitzmiller that boats move on water or that the cabin hatch door was open because these were open and obvious dangers. The trial court did not err in dismissing Kitzmiller’s entire…

2Cases cited21 opinions

  1. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  2. Morris v. Princess Cruises, Inc.Court of Appeals for the Ninth Circuit · 2001
  3. Hertog v. City of SeattleWashington Supreme Court · 1999
  4. HERTOG, EX REL., SAH v. City of SeattleWashington Supreme Court · 1999
  5. Ranger Ins. Co. v. Pierce CountyWashington Supreme Court · 2008

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