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ZELLMER v. ZELLMER

No. 78852-9.

188 P.3d 497 (2008)

Stacey ZELLMER, individually and as copersonal representative of the estate of Ashley Cay McLellan; and Bruce McLellan, individually and as copersonal representative of the estate of Ashley Cay McLellan, Petitioners, v. Joel ZELLMER, Respondent.

Supreme Court of Washington, En Banc.

Decided July 24, 2008.

Attorney(s) appearing for the Case

Eric William Lindell, Lindell Law Offices, Seattle, WA, for Petitioner.

Joseph D. Hampton, Catherine Elaine Pruett, Daniel L. Syhre, Betts, Patterson & Mines, P.S., Seattle, WA, for Respondent.

MADSEN, J.

¶ 1 Three-year-old Ashley McLellan drowned in a backyard swimming pool while under the supervision of her stepfather, Joel Zellmer. The trial court ruled the parental immunity doctrine shields Zellmer from liability for negligence in connection with her death. Petitioners Stacey Ferguson1 and Bruce McLellan, Ashley's biological parents, challenge that ruling. They contend the parental immunity doctrine should be abolished...

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