BELLINGHAM - After five weeks of trial, a jury found that the city of Bellingham was not responsible for the injuries received when a 16-year-old girl slipped off a trail at Whatcom Falls Park in August 2005.
After about a day and a half of deliberations, the jury reached its verdict Thursday evening, Nov. 10, in Whatcom County Superior Court.
The jury awarded no money to Katti Hofstetter, who sued the city in 2007 after she slipped on a wet spot and fell from the path that leads out of the park's whirlpool swimming area. She landed on boulders below the trail and fractured her spine, leaving her paralyzed.
During closing arguments earlier this week, Hofstetter's lawyer Don Buckland asked for more than $27 million in damages from the city, with most of that for pain and suffering and loss of enjoyment of life. He argued that the city was negligent in caring for the path on its property, and that the negligence caused Hofstetter's injury.
At issue in the case was whether Hofstetter's injury was on park land that would be subject to Washington's Recreational Land Use statute, which gives limited immunity to those who open up property for free public use.
The whirlpool area is a commonly used diving and swimming spot in the park. The day that Hofstetter was injured, she and several other people were jumping from the cliff, swimming and using a steep, informal trail to get out of the water.
Hofstetter's attorneys argued that recreational use wouldn't apply because of "Do Not Enter" signs usually posted near the swimming area. The jury agreed that at the time of Hofstetter's injury, the city did not allow the public on that portion of land.
But the jury disagreed that the city was negligent. The city will have to pay for outside attorneys it hired to work on the case, but it won't have to pay any damages to Hofstetter.
"We're relieved it's over," said Joan Hoisington, attorney for the city of Bellingham. "We're pleased with the jury's decision. It was an unfortunate accident, but we've always maintained it wasn't the city's responsibility."
Buckland declined to comment on the verdict. Hofstetter was not in court Thursday to hear the verdict.
