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BOTKA v. ESTATE OF HOERR

No. 46555-4-I.

21 P.3d 723 (2001)

105 Wash.App. 974

Susan Neely BOTKA and Marcus Neely, wife and husband, Appellants, v. ESTATE OF Raymond C. HOERR, Deceased, Respondent.

Court of Appeals of Washington, Division 1.

April 23, 2001.

Attorney(s) appearing for the Case

Peter Stephen Lewicki, William A. Olson, George Stafford Martin, Seattle, for Respondent.

Karol Whealdon-Andrews, Tacoma, for Appellants.

BAKER, J.

Susan Botka, a hospice nurse, brought this negligence claim against the estate of Raymond Hoerr for injuries sustained when she fell down an elevator shaft at the Hoerr residence. The defendant estate argued that Botka was a trespasser and that the deadman's statute barred her from testifying to her conversations with the decedent. Botka argued that she had permission to enter in the manner that she did, and that the estate waived the protection of the deadman...

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