WRIGHT v. JECKLE

No. 18963-5-III.

16 P.3d 1268 (2001)

104 Wash.App. 478

Karen WRIGHT, individually, and on behalf of all others similarly situated; Rosa Lee Johnson, individually, and on behalf of all others similarly situated; Karla Seastrom, individually, and on behalf of all others similarly situated, Appellants, v. Milan JECKLE, individually, and Jane Doe Jeckle, individually, and on behalf of their marital community, d/b/a All Valley Medical, Respondents.

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

As Amended on Reconsideration in Part March 6, 2001.


Attorney(s) appearing for the Case

Robert J. Crotty, Darrell W. Scott, Spokane, Lynn L. Sarko, Britt L. Tinglum, Amy N. Hanson, Michael D. Woerner, Keller, Rohrback, Seattle, David L. Ashbaugh, Stanislaw, Ashbaugh, Seattle, for Appellants.

William Etter, Raymond F. Clary, Susan W. Troppmann, Etter & McMahon, Spokane, for Respondents.


SWEENEY, J.

The dispositive issue in this case is whether the advertising, marketing, and sale of diet drugs can implicate the entrepreneurial aspects of medicine in a way that accommodates a Consumer Protection Act cause of action. Or whether, instead, the claims here fall under the umbrella of chapter 7.70 RCW (Actions for Injuries Resulting From Health Care) and must therefore fit within one of the three statutorily prescribed causes of action—negligence...

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