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SCHUMACHER v. WILLIAMS

No. 45365-3-I.

28 P.3d 792 (2001)

107 Wash.App. 793

Charles SCHUMACHER, as personal representative for the Estate of Maria Schumacher, Appellant, v. John and Delores WILLIAMS, and the marital community composed thereof, and d/b/a The Homestead, the State of Washington, the Department of Health, John and Jane Doe I-III, Respondents.

Court of Appeals of Washington, Division 1.

August 6, 2001.

Attorney(s) appearing for the Case

Philip Buri, Rand Jack, Brett & Daugert, Bellingham, for appellant.

Thomas Collins, Amy Wood, Merrick, Hofstedt & Lindsey, Seattle, Douglas Brown, Asst. Atty. Gen., Olympia, Carrie Bashaw, Asst. Atty. Gen. Tort Claims, Olympia, for respondents.

Deborah Dorfman, Seattle, on behalf of Washington Protection & Advocacy Systems, amicus curiae.

GROSSE, J.

Charles Schumacher (Schumacher) is the brother of Maria Schumacher (Maria), a disabled resident of an adult boarding home who died as a result of hot water burns suffered at the hands of another resident. Schumacher was not dependent on Maria for support and therefore is not a statutory beneficiary under the general provisions of our state's wrongful death or survival of action statutes. The survival of the new cause of action created by the Legislature...

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