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deELCHE v. JACOBSEN

No. 46715-3.

95 Wn.2d 237 (1980)

622 P.2d 835

JOAN deELCHE, Appellant, v. HARRY W. JACOBSEN, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

December 31, 1980.

Attorney(s) appearing for the Case

Williams, Lanza, Kastner & Gibbs, by Joel D. Cunningham, for appellant.

Chambers, Marston, Hodgins, Shorett, Young & Gillingham, by Paul Gillingham, for respondents.

Daniel F. Sullivan, Ronald Bland, Frank Stubbs, and Donovan Flora on behalf of Washington State Trial Lawyers Association, amici curiae.

STAFFORD, J.

The facts in this case are not disputed upon appeal. Mrs. deElche, her ex-husband and Mr. Jacobsen and his wife were socializing aboard the latter's 36-foot community-owned sailboat. Mrs. deElche decided to leave when the other three started drinking heavily. She went to bed aboard her ex-husband's boat which was tied up alongside the Jacobsens'. The others continued partying, which the trial court found to be community recreation. Later that night Mr...

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