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FITCH v. JOHNS-MANVILLE CORP.

No. 8520-8-II.

46 Wn. App. 867 (1987)

733 P.2d 562

LEROY E. FITCH, ET AL, Plaintiffs, ESTHER BENNETT, Respondent, v. JOHNS-MANVILLE CORPORATION, ET AL, Petitioners.

The Court of Appeals of Washington, Division Two.

February 25, 1987.

Attorney(s) appearing for the Case

Robert C. Manlowe, Williams, Kastner & Gibbs, Lisa J. Gilden, and Garvey, Schubert, Adams & Barer, for petitioners.

Yvonne Huggins-McLean and Schroeter, Goldmark & Bender, for respondent.

WORSWICK, J.

Merton E. Bennett died in 1970; his widow was appointed personal representative of his estate. The estate was closed in due course, and Mrs. Bennett was discharged as personal representative. In 1981, she brought this action against several asbestos manufacturers for the wrongful death of her husband. Although she purported to sue in her capacity as personal representative, she did not seek reappointment.

The defendants affirmatively pleaded Mrs...

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