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VAIL v. TOFTNESS

No. 8555-4-III.

51 Wn. App. 318 (1988)

753 P.2d 553

GARRY J. VAIL, as Personal Representative, Respondent, v. LYNN M. TOFTNESS, as Personal Representative, Appellant.

The Court of Appeals of Washington, Division Three.

May 5, 1988.

Attorney(s) appearing for the Case

Brian Iller and Raekes, Rettig & Osborne, for appellant.

Douglas Takasugi and Jeffers, Danielson, Sonn & Aylward, for respondent.

MUNSON, J.

Lynn Toftness, personal representative of the estate of Danny Toftness, appeals the trial court's ruling that Freehe v. Freehe, 81 Wn.2d 183, 500 P.2d 771 (1972) did not apply to this case. We affirm.

On March 25, 1983, Danny and Cindy Toftness, husband and wife, were killed when a freight train collided with their car. Mr. Toftness was driving the car; Mrs. Toftness was...

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