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The Washington state Court of Appeals has reinstated a lawsuit in which a man claims a Spokane business obstructed his driving view by plowing snow into a pile, making the business responsible for a collision that occurred in early 2009 during a heavy snow season.
The Superior Court of Spokane County had tossed out the case for lack of evidence when the business, River Ridge Hardware Inc., filed a motion for dismissal. Upon appeal, however, a three-judge panel determined last month in a unanimous ruling that the summary dismissal was premature and reversed it. Disputed facts were unresolved that likely would have been broached in a scheduled deposition of the store operator, the panel's opinion says.
Brian Poirier, owner of River Ridge Hardware, and attorney Patrick W. Harwood, who's representing the business, couldn't be reached for comment.
The case, originally filed on behalf of Toby Todd, stems from a Jan. 13, 2009, traffic collision in which Todd claims snow from River Ridge's parking lot had been plowed into a pile that obstructed his view of Driscoll Boulevard from the northbound lane of Milton Street after having stopped at the intersection, the opinion's summary of Todd's civil complaint says. As Todd's vehicle entered the intersection, it was struck by another vehicle that he claims he couldn't see traveling southeast on Driscoll toward the intersection.
No one by Todd's name is listed in Spokane phone directories, and his attorney, Richard D. Wall, could not be reached for comment.
River Ridge is located at 3803 W. Garland and fronts Driscoll. That street is on the northeast side of the five-sided property, and Milton is the east edge of the property.
Garland Avenue is on the north side of the property.
River Ridge denied contributing to the collision, asserting in court documents that Todd was solely responsible for it.
The trial court dismissed the case in a summary judgment before Todd could gather statements from River Ridge in a scheduled deposition, the appeals panel concludes.
The opinion says that because River Ridge requested the summary judgment, River Ridge had the burden to show there likely was no further evidence to discover, including potential discovery through the scheduled deposition, which the business failed to do.
The panel remanded the case to Superior Court for further proceedings.