McEwen v. Tucci & Sons, Inc.

Per Curiam.:

This is another factual appeal.

The case was submitted to the jury on the issues of the negligence of the defendant and the contributory negligence of the plaintiff. The jury could have found either way on either issue. By its verdict, the jury found that the defendant was negligent, and that the plaintiff was not contributorily negligent.

We reiterate that we do not retry factual disputes where, as here, there is substantial evidence or reasonable inferences therefrom that support the verdict. See Swartley v. Seattle School Dist. No. 1, 70 Wn.2d 17, 421 P.2d 1009 (1966).

The only…