Defense Verdict for Audrey and Stu

Audrey Airut Murphy and Stuart Cassel received a unanimous defense verdict on behalf of the City of Tukwila after a three-week trial in King County Superior Court. The trial involved a plaintiff who sustained permanent eye injury caused by ricochet of his golf ball using a practice net structure at the City of Tukwila’s municipal golf course. Plaintiffs claimed the City was negligent in maintaining the golf course structure in a reasonably safe condition. On behalf of the City, Audrey and Stu asserted multiple affirmative defenses at trial, including recreational use immunity, assumption of risk, and contributory negligence.

Under the recreational use immunity statute RCW 4.24.210, the State of Washington encourages landowners like the City of Tukwila to make available public spaces for recreational use free of charge by providing immunity from liability for unintentional injuries that occur during recreational activities like golf. The statute applies when the property owner does not charge a fee for use of the area where the injury occurred unless the injury causing condition is known, dangerous, artificial, and latent. After Audrey and Stu presented photographic evidence and witness testimony at trial, and Audrey addressed the application of the immunity statute during closing argument, the jury reached a unanimous defense verdict, finding recreational use immunity applied without exception.