Wright, J. (dissenting)- — -The majority’s theory of recovery, whether based on common-law negligence or a statutory duty to warn of known dangers, must, in either instance, be underpinned by an agency relationship between the defendant State of Washington, and the state employees who, for purposes of the “hypothetical facts” under CR 12(b) (6) are deemed to have acted on behalf of the State of Washington. I do not dispute the maj…
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