GRISWOLD v. KILPATRICK

No. 46706-9-I.

27 P.3d 246 (2001)

Joyce GRISWOLD, individually, and as the Personal Representative of the Estate of Virgil H. Griswold, Appellant, v. Richard B. KILPATRICK and Kathleen K. Kilpatrick, husband and wife, and the marital community composed thereof, and Richard B. Kilpatrick, P.S., a Washington professional services corporation, Respondents.

Court of Appeals of Washington, Division 1.

July 23, 2001.


Attorney(s) appearing for the Case

Roger Keith Anderson, Seattle, for Appellant.

Stephen John Sirianni, Sirianni & Youtz, Seattle, for Respondents.


BECKER, A.C.J.

A plaintiff settled a medical malpractice suit for 1.2 million dollars. She then sued her attorney on the theory that the settlement figure would have been higher but for the attorney's delay in initiating settlement negotiations. Because the evidence adduced to prove this theory was entirely speculative, the trial court properly dismissed the case on summary judgment.

In November of 1992, Virgil Griswold underwent a surgical procedure, a carotid...

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