LANDRY v. LUSCHER

No. 17443-3-III.

976 P.2d 1274 (1999)

Kenneth LANDRY and Katherine E. Landry, husband and wife, Appellants, v. Kristen LUSCHER and John Doe Luscher, Husband and Wife; and Marjorie Luscher and John Doe Luscher, husband and wife, Respondents.

Court of Appeals of Washington, Division 3, Panel Three.

May 25, 1999.


Attorney(s) appearing for the Case

Craig K. Vernon, Cour de Alene, ID, for Appellant(s).

Michael H. Church, Spokane, for Respondent(s).


SWEENEY, J.

Filing two separate lawsuits based on the same event—claim splitting—is precluded in Washington. Sprague v. Adams, 139 Wn. 510, 515, 247 P. 960, 47 A.L.R. 529 (1926). But this defense may be waived. Hardware Dealers Mut. Fire Ins. Co. v. Farmers Ins. Exch., 4 Wn.App. 49, 51-52, 480 P.2d 226 (1971). Kenneth and...

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