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Torts Keyed to Underwood
McCoy v. American Suzuki Motor Corp.
Citation:
961 P.2d 952 (Wash. 1998)Facts
One day, the plaintiff was driving eastbound on Interstate 90 when the car that preceded him, a Suzuki Samurai, swerved off the roadway and rolled. The plaintiff stopped to render assistance, finding the driver seriously injured. Shortly thereafter, a Washington State Patrol trooper arrived on the scene and asked the plaintiff to place flares on the roadway to warn approaching vehicles. However, the flares were insufficient. Therefore, the plaintiff positioned himself a quarter-mile from the accident scene with a lit flare in each hand and manually directed traffic to the inside lane. Two hours later, the injured driver and passenger of the Suzuki were removed and the scene was cleared, leaving only the trooper and the plaintiff on the roadway. When the plaintiff walked back towards the trooper, moving on the roadway’s shoulder, he was struck from behind by a hit-and-run vehicle.
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