NeSMITH v. BOWDEN

No. 1799-3.

17 Wn. App. 602 (1977)

563 P.2d 1322

WILLIE MAE NeSMITH, Appellant, v. JESS A. BOWDEN, ET AL, Respondents.

The Court of Appeals of Washington, Division Three.

May 16, 1977.


Attorney(s) appearing for the Case

Warren L. Dewar, Jr., and Velikanje, Moore & Shore, for appellant.

Alan A. McDonald and Halverson, Applegate, McDonald, Bond, Grahn, Wiehl & Almon, for respondents.


GREEN, J.

This is an appeal from a judgment of dismissal entered at the close of plaintiff's evidence in an action for wrongful death. The primary issue presented is whether plaintiff established a prima facie case to require submission to the jury. We answer in the affirmative and reverse.

Plaintiff presented the following evidence. About 7 a.m. on October 4, 1974, Howard NeSmith, Sr., was struck and killed by a freightliner tractor-trailer owned by the defendant...

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