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GOULD v. BIRD & SONS, INC.

Nos. 173-1, 174-1.

5 Wn. App. 59 (1971)

485 P.2d 458

WILLIAM J. GOULD, Appellant, v. BIRD & SONS, INC., Respondent.

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

June 1, 1971.

Attorney(s) appearing for the Case

Schroeter, Jackson, Goldmark & Bender and Paul D. Jackson, for appellant.

Short, Cressman & Cable and Kenneth P. Short, for respondent.

WILLIAMS, J.

The plaintiff, William J. Gould, brought two actions against the defendant, Bird & Sons, Inc., for damages for personal injuries sustained when an aircraft which he was piloting in Laos in January, 1963, crashed and burned. The first was a common-law, master-servant action, which was dismissed on motion of the defendant for lack of prosecution. The second, filed more than 3 years after the first, was prepared under the elective remedy provision of...

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