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ENSLEY v. PITCHER

Nos. 61537-8-I, 61723-1-I.

222 P.3d 99 (2009)

152 Wash.App. 891

Nicholas ENSLEY, Respondent, v. Clifford PITCHER and "Jane Doe" Pitcher, husband and wife, and the marital community composed thereof, Petitioners.

Court of Appeals of Washington, Division 1.

November 2, 2009.

Attorney(s) appearing for the Case

Jennifer L. Brown, Maggie E. Diefenbach, Melissa O'Loughlin White, Cozen O'Connor, Seattle, WA, for Petitioners.

Aaron Lewis Adee, The Adee Law Firm, PLLC, Seattle, WA, for Respondent.

APPELWICK, J.

¶ 1 Ensley sued Pitcher, a bartender, claiming he negligently overserved alcohol to a woman who crashed her car, causing serious injuries to Ensley. Pitcher asked the trial court to dismiss on the grounds of res judicata and collateral estoppel. Summary judgment had been granted in a separate lawsuit, dismissing Ensley's identical negligence claim against Pitcher's employer. The trial court denied Pitcher's motion to dismiss and certified a question...

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