Martini v. Post, 178 Wash. App. 153 (2013)

Citation: Martini v. Post, 178 Wash. App. 153 (2013)
Parent Document: Martini v. Post, 178 Wash. App. 153 (2013)
Jurisdiction: Washington (state)
Effective Date: 2013-11-26
Original Source: https://www.courtlistener.com/opinion/4954189/martini-v-post/ ↗

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¶27 Cause in fact is usually a question for the trier of fact and is generally not susceptible to summary judgment. Owen v. Burlington N. Santa Fe R.R., 153 Wn.2d 780, 788,108 P.3d 1220 (2005) (“ ‘[I]ssues of negligence and proximate cause are generally not susceptible to summary judgment.’ ” (quoting Ruffv. County of King, 125 Wn.2d 697, 703, 887 P.2d 886 (1995)))■, Hertog, 138 Wn.2d at 275. Cause in fact may be decided as a matter of law, however, if the *165facts and inferences from them are plain and not subject to reasonable doubt or difference of opinion. Little v. Country-wood, Homes, Inc., 132 Wn. App. 777, 780, 133 P.3d 944 (2006) (citing Daugert v. Pappas, 104 Wn.2d 254, 257, 704 P.2d 600 (1985)).

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