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TALLERDAY v. DELONG

No. 28123-2-I.

68 Wn. App. 351 (1993)

842 P.2d 1023

JOSEPH F. TALLERDAY, ET AL, Respondents, v. WALLACE A. DELONG, ET AL, Defendants, THE STATE OF WASHINGTON, Appellant. ROBERT L. UNDSDERFER, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

The Court of Appeals of Washington, Division One.

January 11, 1993.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Beverly N. Goetz, Assistant, for appellant Department of Labor and Industries.

Ralph Maimon and Oseran, Hahn, Van Valin & Watts, P.S., for respondents.

SCHOLFIELD, J.

The Department of Labor and Industries (Department) appeals the trial court's decision on summary judgment that it had no right of reimbursement against the legal malpractice recoveries of respondents Tallerday and Undsderfer. We reverse.

The issue in this case is whether an injured worker's malpractice recovery against an attorney for negligence in pursuing a third party claim under RCW 51.24.030 is subject to the Department's reimbursement...

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