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WALTON v. ABSHER CONSTRUCTION

No. 49771-1.

101 Wn.2d 238 (1984)

676 P.2d 1002

VELMA JANE WALTON, as Personal Representative, Petitioner, v. ABSHER CONSTRUCTION COMPANY, INC., Respondent.

The Supreme Court of Washington, En Banc.

February 16, 1984.

Attorney(s) appearing for the Case

Dolack, Hansler, Hulscher, Burrows, Dayhoff & Barline, by Gerald L. Hulscher (Howard Pruzan, of counsel), for petitioner.

Burgess, Kennedy & Fitzer, P.S., by F. Ross Burgess, for respondent.

Bryan P. Harnetiaux and Robert H. Whaley on behalf of Washington Trial Lawyers Association, amici curiae for petitioner.

Bryan G. Evenson on behalf of Washington Association of Defense Counsel, amicus curiae for respondent.

DORE, J.

Plaintiff in a wrongful death/survival action appeals the trial court's partial summary judgment dismissing her claim for damages for decedent's pain and suffering between the time of injury and the time of death. The issue is: Are the decedent's pain and suffering recoverable elements of damages under the special survival statute, RCW 4.20.060.

Charles H. Walton died from injuries received in a fall at a construction site where he was employed. Petitioner...

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