Ruiz v. State

225 P.3d 458, 154 Wash. App. 454
CourtCourt of Appeals of Washington
DecidedFebruary 8, 2010
DocketNo. 63783-5-I
StatusPublished
Cited by2 cases

This text of 225 P.3d 458 (Ruiz v. State) 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
Ruiz v. State, 225 P.3d 458, 154 Wash. App. 454 (Wash. Ct. App. 2010).

Opinion

Gkosse, J.

¶1 Notwithstanding any statute, rule, or common law doctrine to the contrary, the legislature has determined the state and forest landowners should be immune from liability for personal injury caused by forest practices within a designated riparian zone. Here, the driver sustained injuries when part of a tree fell on a vehicle he was driving westbound on State Route (SR) 410. The tree that caused the injury was clearly located within a designated riparian zone. The trial court’s dismissal is affirmed.

[456]*456FACTS

¶2 On December 12, 2004, Timothy Ruiz, returning from a snowmobiling trip, was injured by a tree that fell and hit his vehicle. The Washington State Patrol (WSP) and the Department of Transportation (DOT) had closed the roadway earlier in the day, but reopened it before Ruiz travelled it. After Ruiz’s vehicle was struck by the tree, the WSP again closed the road.

¶3 White River Forests LLC owned land in the Bridgecamp area on the White River adjacent to SR 410 where Ruiz’s accident occurred. Hancock Natural Resource Group Inc. through its subsidiary Hancock Forest Management Inc. (Hancock) managed and controlled the property, including the cutting and selling of timber. Hancock applied to the Department of Natural Resources (DNR) to harvest timber in the area in 2004. Although White River Forests was listed as both the land and timber owner, Timothy McBride of Hancock signed the application in the spaces provided for the land and timber owners. Prior to harvest, representatives from both the Department of Fish and Wildlife (DFW) and DNR met with Hancock’s McBride at the Bridgecamp site to discuss the Riparian Management Zone (RMZ) adjacent to a stream running through the property. The parties agreed that forest practice rules prohibited harvesting within 200 feet of the river channel or within 50 feet of the stream. Thereafter, the DNR approved the application and Hancock retained Whalen Timber to harvest the timber.

¶4 SR 410 is a rural mountain highway surrounded by evergreen forests. The National Weather Service issued a high-wind watch for the area in which the accident occurred. Wind gusts of 75 m.p.h. (Buckley) and 57 m.p.h. (Cumberland) were recorded. Historically, trees adjoining SR 410 have unpredictably blown down across the highway. DOT closes a road once a tree has blown down to clear the highway.

[457]*457¶5 Ruiz was driving westbound. After the accident, Trooper Mark Soper investigated and noted that the accident site had recently been logged on the downhill slope next to the eastbound lane but that a stand of healthy trees, approximately 100 feet in total width, had been left standing adjacent to the eastbound shoulder. The trooper noted that the tree segment that caused the accident could have come from several nearby standing trees that were broken off at the tops.

¶6 A stream flowed under the highway and through those trees downhill to the White River in the valley below the highway. The trees identified by the trooper were included in the RMZ under the terms of the Hancock application.

¶7 A few days after Ruiz’s accident, DOT requested Hancock cut the trees near the stream and adjacent to the highway. Hancock responded that it was unable to do so because of state rules prohibiting timber harvesting in the RMZ. On December 22, 2004, for public safety reasons, representatives from Hancock, DOT, DFW, and DNR agencies met and agreed to cut trees at the accident site within 120 feet of the highway, including trees located in the RMZ.

¶8 Ruiz sued Hancock, White River Forests, Whalen Timber, and the State for damages. White River Forests defaulted, and Ruiz voluntarily dismissed Whalen Timber from the suit. The superior court granted the State’s and Hancock’s motions for summary judgment based on statutory immunity. Ruiz sought direct review in the Supreme Court, which transferred the appeal to this court. Ruiz asserts that immunity should not be available to the State and Hancock because they knowingly created a dangerous condition that proximately caused the injury. Ruiz also contends that Hancock is not a landowner under the statute.

ANALYSIS

¶9 The Forest Practices Act of 1974 (FPA) is a statewide system of laws designed to manage and protect the state’s [458]*458natural resources.1 In adopting the FPA, the legislature recognized that “forest land resources are among the most valuable of all resources in the state.”2 One of the goals of the act was to create and maintain “a comprehensive statewide system of laws and forest practices rules which will achieve” the purposes of the act.3 “ ‘Forest practice’ means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber.”4 “Forest land” is “all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing.”5

¶10 Leaving riparian areas unharvested provides public benefits, including benefits to wildlife and water quality. RCW 76.09.330 provides:

The legislature hereby finds and declares that riparian ecosystems on forest lands in addition to containing valuable timber resources, provide benefits for wildlife, fish, and water quality. The legislature further finds and declares that leaving riparian areas unharvested and leaving snags and green trees for large woody debris recruitment for streams and rivers provides public benefits including but not limited to benefits for threatened and endangered salmonids, other fish, amphibians, wildlife, and water quality enhancement. The legislature further finds and declares that leaving upland areas unharvested for wildlife and leaving snags and green trees for future snag recruitment provides benefits for wildlife. Forest landowners may be required to leave trees standing in riparian and upland areas to benefit public resources. It is recognized that these trees may blow down or fall into streams and that organic debris may be allowed to remain in streams. This is beneficial to riparian dependent and other wildlife species. Further, it is recognized that trees may blow down, fall onto, or otherwise [459]*459cause damage or injury to public improvements, private property, and persons. Notwithstanding any statutory provision, rule, or common law doctrine to the contrary, the landowner, the department, and the state of Washington shall not be held liable for any injury or damages resulting from these actions, including but not limited to wildfire, erosion, flooding, personal injury, property damage, damage to public improvements, and other injury or damages of any kind or character resulting from the trees being left.

¶11 Ruiz agrees that the immunity provision is clear but argues that the State and Hancock are prohibited from asserting that immunity because they created a dangerous condition by leaving exposed trees at the edge of a riparian zone. He argues in essence that because the RMZ was near a road, it was foreseeable that trees would fall resulting in damage and, thus, the State and Hancock should have considered this and waived any environmental regulations.

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Bluebook (online)
225 P.3d 458, 154 Wash. App. 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-state-washctapp-2010.