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FOLSOM v. BURGER KING

No. 64479-9.

958 P.2d 301 (1998)

135 Wash.2d 658

Thorabelle I. FOLSOM, the Personal Representative of the Estate of Robert T. Folsom, Petitioner, v. BURGER KING; Burger King of Spokane, Respondents, Hatter Investments, Inc., Ed Hatter and Jane Doe Hatter, husband and wife, Respondents, Spokane Security System, Inc., Respondent, Robert W. Hanley and Jane Doe Hanley, husband and wife; and John Does I-V and Jane Does I-V, Defendants. Dianna J. HARTVIGSEN, the Personal Representative of the Estate of Dawnya Michelle Calbreath, Petitioner, v. BURGER KING; Burger King Of Spokane, Respondents, Hatter Investments, Inc., Ed Hatter and Jane Doe Hatter, husband and wife, Respondents, Spokane Security System, Inc., Respondent, Robert W. Hanley and Jane Doe Hanley, husband and wife; and John Does I-V and Jane Does I-V, Defendants.

Supreme Court of Washington, En Banc.

Decided July 9, 1998.

Attorney(s) appearing for the Case

Bryan Harnetiaux, Harbaugh & Bloom, Gary Bloom, Spokane, for Amicus Washington State Trial Lawyers Association.

Mark Vovos, Debra Stephens, Spokane, Moore & Royal, John Moore, Yakima, for Petitioners Folsom, et al.

Reed McClure, Pamela Okano, Seattle, Feltman, Gebhardt, Eymann & Jones, P.S., Richard Feltman, Robert Greer, Spokane, for Hatter Investments, Inc., et al.

Ernest Greco, Mary Parry, Spokane, for Respondent Burger King.

Chase, Hayes & Kalamon, Richard Hayes, Gerald Kobluk, Spokane, for Spokane Security System, Inc.

JOHNSON, Justice.

On May 17, 1992, Blake Pirtle entered a Spokane, Washington Burger King through the back door entrance and murdered employees Dawnya Calbreath and Robert Tod Folsom during a robbery. Pirtle was convicted on two counts of aggravated first degree murder. State v. Pirtle, 127 Wn.2d 628, 904 P.2d 245 (1995). This case involves a lawsuit...

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