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MOODY v. UNITED STATES

No. 55034-4.

112 Wn.2d 690 (1989)

773 P.2d 67

CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN KATHLEEN E. MOODY, Individually, as Administratrix, and as Guardian, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

The Supreme Court of Washington, En Banc.

May 25, 1989.

Attorney(s) appearing for the Case

Enbody & Dugaw and Joseph P. Enbody, for plaintiff.

Gene S. Anderson, United States Attorney, and William H. Rubidge, Assistant, for defendant.

Bradley A. Maxa on behalf of Washington Defense Trial Lawyers Association and Jeffrey I. Tilden on behalf of the Liability Reform Coalition, amici curiae for defendant.

ANDERSEN, J.

FACTS OF CASE

The issue certified by the United States District Court for the Western District of Washington in this wrongful death action concerns whose life expectancy should determine the recovery available for noneconomic damages pursuant to the statutory "cap" on such damages prescribed by RCW 4.56.250(2).

The facts in this case are undisputed. Gerry Lee Moody died instantaneously on February 19, 1986 when a tree fell on his pickup...

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