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OTANI EX REL. SHIGAKI v. BROUDY

No. 49304-3-I.

59 P.3d 126 (2002)

114 Wash.App. 545

Yaeko OTANI, Deceased, through her Personal Representative, Pauline SHIGAKI, Respondent, v. David R. BROUDY, M.D., Appellant.

Court of Appeals of Washington, Division 1.

December 16, 2002.

Attorney(s) appearing for the Case

Mary H. Spillane, Daniel W. Ferm, Seattle, Williams Kastner & Gibbs, John Coleman Graffe, Seattle, Jane Elizabeth Clark, Tacoma, Johnson Graffe Keay & Moniz, Seattle, WA, for Appellant.

Reed Philip Schifferman, Lane Powell Spears Lubersky, Dwayne A. Richards, Richards & Kinerk, Seattle, WA, Paul Lester Stritmatter, Garth L. Jones, Ray W. Kahler, Hoquiam, Stritmatter Kessler Whelan Withey, Coluccio, Hoquiam, WA, Counsel for Respondent.

BECKER, C.J.

The issue in this appeal is whether loss of enjoyment of life is recoverable by a decedent's estate in a survival action as an item of damage compensating for the decedent's shortened life expectancy. We conclude it is not, and reverse an award of $450,000 to the estate of a decedent who died shortly after surgery without conscious pain or awareness that she had been fatally injured. Had the decedent lived, she would have had no claim for loss of life...

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