Iwai v. State
In Iwai v. State, 129 Wn.2d 84, 91, 915 P.2d 1089 (1996), the plaintiff fractured her wrist when she slipped and fell on snow and ice left in the parking lot of the Washington Employment Security Department. Iwai, 129 Wn.2d at 87.
Two days before the plaintiff fell, the parking lot had been plowed; however, there remained a light dusting of new snow and the parking lot had not been sanded. Id.
Citing the Massachusetts rule with approval, the trial court dismissed the plaintiff's claim, holding a landowner has no duty to protect against hazardous conditions caused by accumulated snow and ice. Id. at 90.
The Court of Appeals likewise applied the Massachusetts rule, but reversed the decision of the trial court, holding there was a material issue of fact as to whether the State was negligent for having plowed without thereafter applying sand to the plowed areas. Id.