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FOSTER v. WILLIAMS

No. 287-2.

4 Wn. App. 659 (1971)

484 P.2d 438

ELLEN FOSTER et al., Respondents, v. DOROTHY WILLIAMS et al., Appellants.

The Court of Appeals of Washington, Division Two.

April 9, 1971.

Attorney(s) appearing for the Case

Robert C. Keating (of Keating & Douglas), for appellants.

David M. Roderick, for respondents.

PETRIE, C.J.

This appeal poses a single question which may be stated as follows: In a tort action for personal injuries to both the husband and the wife, after it has been unequivocally demonstrated that the husband is incompetent and no guardian ad litem has been appointed for him, is it necessary to dismiss the husband's cause of action upon defendant's motion therefor? Our answer to this question is in the negative.

This case arose as a result of an auto...

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