ESTATE OF KELLY v. FALIN

Nos. 61780-5; 62229-9.

127 Wn.2d 31 (1995)

896 P.2d 1245

THE ESTATE OF CARY R. KELLY, ET AL., Respondents, v. JAMES ROBERT FALIN, ET AL., Appellants. RICHARD WOLFRAM, Appellant, v. LAHAINA LOUIE'S PUB & CAFE, Respondent.

The Supreme Court of Washington, En Banc.

June 15, 1995.


Attorney(s) appearing for the Case

Meeks, Morgan & Kirkpatrick, P.S., by Steven R. Meeks, for appellant Falin.

Thomas S. Olmstead and Kevin L. Gibbs, for appellant Wolfram.

Edwards, Sieh, Wiggins & Hathaway, P.S., by Carl T. Edwards, for respondent Kelly.

Burgess, Fitzer, Leighton & Phillips, P.S., by F. Ross Burgess, for respondent Lahaina Louie's Pub.

James Schermer and Michael P. Scruggs on behalf of Restaurant Association of the State of Washington and Washington State Licensed Beverage Association, amici curiae.


DURHAM, C.J.

Cary Kelly died in a one-car accident after leaving Family Tavern. His estate brought a wrongful death action against Family Tavern and its owner, James Falin, alleging the tavern continued to serve Cary Kelly even after he was obviously intoxicated. At the close of trial, the jury returned a special verdict finding Kelly 50 percent responsible for his injuries and Family Tavern 50 percent responsible. The court entered a judgment in favor of Kelly's...

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