Klossner v. San Juan County

586 P.2d 899, 21 Wash. App. 689, 1978 Wash. App. LEXIS 1976
CourtCourt of Appeals of Washington
DecidedOctober 30, 1978
Docket5714-1
StatusPublished
Cited by17 cases

This text of 586 P.2d 899 (Klossner v. San Juan County) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klossner v. San Juan County, 586 P.2d 899, 21 Wash. App. 689, 1978 Wash. App. LEXIS 1976 (Wash. Ct. App. 1978).

Opinions

Dore, J.

— On August 30, 1974, Dean L. Klossner died as a result of injuries that occurred while he was driving a gasoline truck along "Schaeffer's Stretch" on Oreas Island County Road No. 4. Actions for wrongful death and personal injury were filed by the executrix of his estate, Patricia L. Klossner, against San Juan County after the county rejected her claim for damages.1 Her unverified complaint alleged negligence in the design, construction and maintenance of the road, its shoulder area and an adjoining ditch. She alleged that said negligence, together with the negligent failure to post warning signs, directly caused the death of the decedent. Two of the alleged beneficiaries of the actions were unadopted stepchildren of the deceased.

[691]*691Klossner appeals from an order granting summary judgment to the county. In its motion, the county did not submit its own evidence but rather relied upon Klossner's verified answers to interrogatories. In opposition, Klossner submitted the county's answers to interrogatories. The county's answers, however, did not give rise to a genuine issue of material fact. In effect, the matter was submitted on the question of whether the county could meet its burden on a motion for a summary judgment by relying on Klossner's answers to interrogatories to obtain summary judgment.

Issues

1. Is there any competent evidence which tends to show that the death was proximately caused by the county's negligence?

2. By relying on plaintiff's answers to interrogatories, has defendant negated the material issue of whether or not plaintiff's case can be proven with evidence based upon personal knowledge?

3. Can unadopted stepchildren recover damages for the death of their stepfather?

Facts

The following alleged facts appear in Klossner's answers to interrogatories, indicating that the negligence of the county caused the death of the decedent: (1) Cracks at the edge of the road were not repaired; (2) there was no shoulder; (3) brush near the edge of the road was not removed which made it appear as though there were a shoulder; (4) an improperly maintained drainage ditch concealed the danger; (5) there were no guardrails nor warning signs; and (6) there had been at least two prior similar accidents at or near the accident point. In addition, the interrogatories, as answered, describe in detail the action of the truck during the accident and the effect of the road's defects on the path [692]*692of the truck. These answers and accompanying verification were silent on the question of whether the answers were based upon personal knowledge. There were no eyewitnesses to the accident.

Decision

Issue 1: The county contends that the record is devoid of evidence on how the accident occurred, and there can only be speculation or conjecture to connect the condition of the road with the cause of death. Precise knowledge of how an accident occurred, however, is not required to prove negligence and all elements, including proximate cause, can be proved by inferences arising from circumstantial evidence. Raybell v. State, 6 Wn. App. 795, 496 P.2d 559 (1972). The question of whether or not the defendant's conduct caused plaintiff's harm is generally a question of fact. Moyer v. Clark, 75 Wn.2d 800, 804, 454 P.2d 374 (1969). It is only when the inferences are plain that proximate cause is a question of law. Leach v. Weiss, 2 Wn. App. 437, 440, 467 P.2d 894 (1970).

If any genuine issue of material fact exists, there must be a trial. Costanzo v. Harris, 71 Wn.2d 254, 427 P.2d 963 (1967). In the application of this rule, Klossner is entitled, as the nonmoving party, to the benefit of another rule that all reasonable inferences from the evidence must be drawn in her favor. Morris v. McNicol, 83 Wn.2d 491, 494, 519 P.2d 7 (1974). The county contends that the only inferences which can be drawn from the record are purely conjectural and, therefore, insufficient. Schneider v. Rowell's, Inc., 5 Wn. App. 165, 167-68, 487 P.2d 253 (1971). However, the county did not submit its own affidavits and relies on Klossner's answers to interrogatories to support its motion. From the interrogatories one can draw the reasonable inference that the accident was caused by the negligent maintenance of the road and its shoulder and by the failure of the county to adequately warn drivers of the danger. Thus, the motion for summary judgment was improperly [693]*693granted unless the interrogatories could not be considered by the trial court.

Issue 2: The county contends that, even if the answers to the interrogatories permit an inference that the county's negligence was the proximate cause of the accident, the aforementioned evidence is inadmissible because it is not based on the personal knowledge of the witness, Patricia Klossner. CR 56(e). The county argues that once it shows this lack of personal knowledge by relying on the answers to the interrogatories, it becomes Klossner's duty to controvert it by submitting admissible evidence of the county's actionable negligence. Upon her failure to submit such evidence, the county contends it has shown that no material issue of fact exists because Klossner cannot show a prima facie case.

On a motion for summary judgment the burden is on the moving party to show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Balise v. Underwood, 62 Wn.2d 195, 199, 381 P.2d 966 (1963). One who moves for summary judgment has this burden of proof irrespective of whether he or his opponent has the burden of proof at trial. Balise v. Underwood, supra. When one meets this burden of proof, it is incumbent upon the nonmoving party to submit evidence to the trial court, and upon failure to do so, judgment is properly entered for the movant. W.G. Platts, Inc. v. Platts, 73 Wn.2d 434, 441-44, 438 P.2d 867, 31 A.L.R.3d 1413 (1968). Upon the moving party's failure, however, to meet its initial burden of proof, it is unnecessary for the nonmovant to submit any evidence and the motion must be denied. Jacobsen v. State, 89 Wn.2d 104, 110, 569 P.2d 1152 (1977); Preston v. Duncan, 55 Wn.2d 678, 682-83, 349 P.2d 605 (1960).

The county elected to rely solely on Klossner's answers to interrogatories to support its motion.2 By so [694]*694doing the county admits, for the purposes of their motion, the answers and all reasonable inferences that can be drawn therefrom. Bates v. Grace United Methodist Church, 12 Wn. App. 111, 115, 529 P.2d 466 (1974).

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Klossner v. San Juan County
586 P.2d 899 (Court of Appeals of Washington, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
586 P.2d 899, 21 Wash. App. 689, 1978 Wash. App. LEXIS 1976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klossner-v-san-juan-county-washctapp-1978.