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GESCHWIND v. FLANAGAN

No. 59300-1.

121 Wn.2d 833 (1993)

854 P.2d 1061

TIMOTHY J. GESCHWIND, SR., Respondent, v. MICHAEL FLANAGAN, ET AL, Defendants, JANE SEYMOUR, as Personal Representative, Petitioner.

The Supreme Court of Washington, En Banc.

July 15, 1993.

Attorney(s) appearing for the Case

Simonarson, Visser, Zender & Thurston and Hal Thurston, for petitioner.

Lewis, Evens & Nielsen, by Wm. H. Nielsen, K.R. St. Clair, and Lawrence L. Shafer; Maltman, Weber, Reed, North & Ahrens, Douglass A. North and Douglas W. Ahrens, for respondent.

Timothy R. Gosselin on behalf of Washington Defense Trial Lawyers, amicus curiae for petitioner.

Gary N. Bloom, Bryan P. Harnetiaux, and Mary Beth Nethercutt on behalf of Washington State Trial Lawyers Association, amicus curiae for respondent.

DURHAM, J.

On the evening of Friday, October 26, 1984, Timothy Geschwind was a passenger in a truck driven by Timothy Flanagan. At approximately 12:55 a.m. on the morning of October 27, Flanagan drove his truck off the road, killing himself and injuring Geschwind. Both men were significantly intoxicated. In a subsequent action brought by Geschwind to recover damages for his injuries, a jury found him to be 70 percent at fault for his own injuries. Pursuant to RCW...

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