WILSON v. GRANT

No. 28488-3-III.

258 P.3d 689 (2011)

162 Wn. App. 731

David E. WILSON, M.D. as Personal Representative of the Estate of Sandra R. Wilson, M.D.; David E. Wilson, M.D., and Elaine Wilson, husband and wife, Appellants, v. Terri L. GRANT, M.D., individually, and as an employee/shareholder/agent of Sunnyside Community Hospital; and Sunnyside Community Hospital Association, a Washington corporation, Respondents.

Court of Appeals of Washington, Division 3.

As Corrected August 18, 2011.


Attorney(s) appearing for the Case

Mark Douglas Kamitomo , The Markam Group Inc. PS, Spokane, WA, for Appellants.

Steven Frederick Fitzer , Fitzer Leighton & Ayers LLC, Melanie T. Stella , Stone, Novasky, LLC, Timothy R. Gosselin , Gosselin Law Office PLLC, Tacoma, WA, Jerome R. Aiken , Attorney at Law, Yakima, WA, for Respondents.


SWEENEY, J.

¶ 1 The superior court dismissed this survival action for damages after concluding that the decedent was not survived by any of a group of statutorily designated beneficiaries. We conclude that her estate was entitled to prosecute the action for economic damages regardless of whether she had beneficiaries who might have been entitled to noneconomic damages like pain and suffering. We also conclude that issues of fact remain over whether the emergency...

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