Bernstein v. State

—Lois Bernstein appeals a summary judgment that dismissed her wrongful death action against the State of Washington in connection with the drowning death of her son, Rudy Nash, at Dash Point State Park. Bernstein challenges the trial court's reliance on McCarver v. Manson Park & Rec. Dist., 92 Wn.2d 370, 597 P.2d 1362 (1979), which held that the Washington recreational land use immunity act, RCW 4.24.200 et seq., grants limited immunity to a public entity whose primary purpose is to provide recreational facilities such as a park to the public. The plaintiff urges this court to distinguish…