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ZIMNY v. LOVRIC

No. 24360-8-I.

59 Wn. App. 737 (1990)

801 P.2d 259

MICHAEL A. ZIMNY, as Personal Representative, Appellant, v. ANTHONY LOVRIC, ET AL, Respondents.

The Court of Appeals of Washington, Division One.

December 10, 1990.

Attorney(s) appearing for the Case

K.R. St. Clair and William H. Nielsen, for appellant.

David H. Olwell and Joseph J. Lanza, for respondents.

WEBSTER, J.

In October 1983, Mitchell Zimny, a minor, was injured as a result of Lovric's alleged negligence. In January, 1986, Zimny drowned in an accident unrelated to the alleged negligence. In May, 1986, Zimny's personal representative (hereinafter Zimny) sued Lovric under RCW 4.20.046, Washington's survival statute, claiming damages for diminished earning capacity.

Lovric brought a motion for partial summary judgment asking the court to limit any recovery...

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