PHENNAH v. WHALEN

No. 7861-5-I.

28 Wn. App. 19 (1980)

621 P.2d 1304

HAYDN P. PHENNAH, ET AL, Appellants, v. DANIEL S. WHALEN, ET AL, Respondents.

The Court of Appeals of Washington, Division One.

December 22, 1980.


Attorney(s) appearing for the Case

Clinton, Fleck, Glein & Brown and Richard J. Glein, for appellants.

Lycette, Diamond & Sylvester, Richard M. Foreman, Helsell, Fetterman, Martin, Todd & Hokanson, Donald C. Harrison, Murray, Dunham, Waitt, and Matt Murray, for respondents.


RINGOLD, J.

The plaintiffs, Haydn P. Phennah and Dorothy E. Phennah, appeal the dismissal of this cause on a challenge to the sufficiency of their evidence at the close of the defendants' case. The dispositive question presented for our consideration is whether the defendants are entitled to a dismissal when the plaintiffs fail to proffer an evidentiary basis for the segregation of damages among successive tort-feasors. We answer in the negative and therefore reverse...

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