# Zukowsky v. Brown

> Washington Supreme Court · September 2, 1971 · 79 Wash. 2d 586

URL: https://www.frixlaw.com/law-library/cases/9793026

## Case

- **Full name:** Clement Zukowsky Et Al., Respondents, v. George Brown Et Al., Petitioners
- **Court:** Washington Supreme Court
- **Decided:** September 2, 1971
- **Citations:** 79 Wash. 2d 586; 488 P.2d 269; 1971 Wash. LEXIS 634
- **Precedential status:** Published
- **Opinion:** Concurrence by Finley
- **Judges:** Neill, Finley, Hunter, Rosellini
- **Cited by:** 62 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9793026

## How later opinions describe it (automated extraction)

- concluding that there was nothing so unreasonable or abnormal in the plaintiff's use of a helm seat of a boat to support a claim of her negligence or prevent the inference of defendant's negligence arising in the first instance

## Opinion text

Finley, J.
(concurring in the result) — I concur with the majority in remanding this case for a new trial because under the circumstances of this case, instructing the jury on contributory and comparative negligence was reversible error. I agree with the views of the majority, as I understand them, that the circumstances of negligence in this case were such as to merit an instruction to this effect, and to take the case past a nonsuit, to the jury. Such an instruction, and withholding instruction No. 3 on remand would, as stated by the majority, obviate any necessity for *605 giving an instruction on “res ipsa loquitur” labeled as such. I cannot agree with the majority that the res ipsa instruction, even labeled as such, should never be given in any case because it seems to me the propriety of such an instruction must, of necessity, be judicially determined on a case-by-case basis.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9793026. Public record. Not legal advice.