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Torts Keyed to Duncan
Wirtz v. Gillogly
Citation:
152 Wash. App. 1, 216 P.3d 416 (2009)Facts
Dennis Gillogly (defendant) asked his friend Robert Wirtz (plaintiff) to help him fell trees on his father’s, David Gillogly (defendant), property and the plaintiff agreed. The defendant was familiar with tree felling but the plaintiff was not. The plaintiff declined a hardhat when the defendant offered one. After several days of observing the defendant cut the trees, the plaintiff agreed to operate a ratchet to keep a cable taught around one of the trees so it would fall in the right direction. During the cutting process, the tree trunk split. The defendants discussed what to do next and told the plaintiff he could stop participating if he was worried before continuing cutting into the tree. The plaintiff did not leave. Part of the tree broke and hit the plaintiff in the head. The plaintiff sued the defendants for negligently allowing him to remove trees without safety equipment, without offering safety equipment, creating a dangerous condition of their property, failing to exercise ordinary care for him, and failing to provide him with tree removal training. The defendants’ moved for summary judgment on grounds of implied assumption of risk.
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