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SMITH v. MYERS

No. 20374-0-II.

950 P.2d 1018 (1998)

Carmel M. SMITH, as Personal Representative of the Estate of Robert E. Judson, deceased, Appellant, v. Dennis MYERS and Jane Myers, husband and wife and the marital community thereof, Respondents, "unknown business entities" I through V, Defendants.

Court of Appeals of Washington, Division 2.

February 13, 1998.

Attorney(s) appearing for the Case

Robert Neil Gellatly, Helsell Fetterman, Seattle, for respondents.

Cydney Campbell, Llundberg & Peschel Ps, Inc., Seattle, for appellants.

SEINFELD, Judge.

Carmel Smith appeals a summary judgment dismissing her wrongful death action against Dennis and Jane Myers. She claims that the decedent, an employee of a contractor retained by Myers to construct their home, sustained an on-the-job injury that later caused his death. Finding that the homeowner, under the circumstances here, did not have a statutory duty to comply with WISHA regulations and further finding...

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