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FRANKLIN v. PUGET SOUND TUG

No. 4996-1.

21 Wn. App. 517 (1978)

586 P.2d 489

ETTA MAE FRANKLIN, as Executrix, Appellant, v. PUGET SOUND TUG & BARGE COMPANY, ET AL, Respondents.

The Court of Appeals of Washington, Division One.

October 13, 1978.

Attorney(s) appearing for the Case

Hilyer-Levinski, Gale P. Hilyer, and Hans E. Johnsen, for appellant.

Detels, Draper & Marinkovich and Dwight L. Guy, for respondents.

DORE, J.

The estate of Albe Franklin brought a wrongful death action based on negligence against Puget Sound Tug & Barge Company (hereinafter called Puget), and Sunco, Inc., for the death of Albe Franklin. At the conclusion of plaintiff's case the trial court granted a motion to dismiss as to Puget.

Plaintiff appeals.

ISSUES

ISSUE 1: Whether the trial court erred in taking the case from the jury and dismissing Puget as a defendant, and...

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