Fletcher v. City of Aberdeen
Washington Supreme Court
338 P.2d 743 (Wash. 1959)
Relevant factsFree
The City of Aberdeen (defendant) dug a ditch near a sidewalk and erected barriers to warn pedestrians, but a city worker later removed some barriers to do electrical work and negligently failed to replace them. During that gap, Fletcher (plaintiff), a blind man using a cane, fell into the ditch and was injured; he would have detected the barriers had they remained in place. Fletcher sued the City for negligence, the trial court awarded him damages, and the City appealed.
IssueFree
Whether the standard of care required of a person with a disability is the level of care a reasonable person under the same or a similar disability would exercise under the circumstances.