McDERMOTT v. KACZMAREK

No. 235-41064-1.

2 Wn. App. 643 (1970)

469 P.2d 191

GEORGE F. McDERMOTT, Appellant, v. STANLEY KACZMAREK et al., Respondents.

The Court of Appeals of Washington, Division One, Panel 1.

May 11, 1970.


Attorney(s) appearing for the Case

Richard G. McCann, for appellant.

J.R. Woolston, for respondents.


JAMES, C.J.

George McDermott's 7-year-old son Perry went, uninvited, to play on the Thomsons' land. While playing with two companions near the top of a cliff, Perry fell to his death. McDermott's wrongful death action against the Thomsons was dismissed on their motion for summary judgment. McDermott appeals.

The facts are not in dispute. The trial judge concluded that under no legal theory could McDermott prevail.

McDermott's two legal theories are...

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