Preston v. Pierce County

Titus Preston appeals a summary judgment order which dismissed his claim for personal injuries against Pierce County.

The issues on appeal are: (1) whether the trial court erred in granting summary judgment in the County's favor on the ground that the Washington recreational land use immunity act, RCW 4.24.200 et seq., applied as a matter of law to bar Preston's claim; and (2) whether a plaintiff who alleges the theory of attractive nuisance in his complaint, but fails to argue the theory in opposition to the defendant's motion for summary judgment, has preserved that issue for appeal.

We…