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ROSE EX REL. ESTATE OF ROSE v. FRITZ

No. 24226-5-II.

15 P.3d 1062 (2001)

104 Wash.App. 116

Arne ROSE, for himself and as Personal Representative of the ESTATE OF Patricia ROSE, Respondent, v. Anthony FRITZ, M.D.; Helmuth F. Fritz, M.D.; and Centralia Specialty Center, Appellants.

Court of Appeals of Washington, Division 2.

January 5, 2001.

Attorney(s) appearing for the Case

Michael S. Cullen, Everett, for Respondent.

William Leitch Holder, Pamela A. Okano, Reed McClure, Seattle, for Appellants.

MORGAN, J.

The defendants appeal an order setting aside a written summary judgment of dismissal without prejudice. We reverse the order and reinstate the judgment.

From September 25, 1995 to October 4, 1995, Patricia Rose received medical care from Anthony Fritz, M.D., and Helmuth F. Fritz, M.D. On October 6, 1995, she died. She is survived by her husband, Arne Rose.

On August 8, 1996, Rose sued the doctors for negligence. He alleged that he was "the...

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