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ROMERO v. WEST VALLEY SCHOOL DIST.

No. 22152-1-III.

98 P.3d 96 (2004)

123 Wash.App. 385

Michael ROMERO, Individually and as Personal Representative of the Estate of Aaron Romero, deceased, and Carrie Romero, Individually, Respondents, v. WEST VALLEY SCHOOL DISTRICT, Appellant, Al Streich, Peter Ansingh, Irene Glesner, Jan Drenguis, Michael Saunders, Jani Stelzer, Kristin Messer and Brian C. Messer, Defendants.

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

September 21, 2004.

Attorney(s) appearing for the Case

Robert Morrill Boggs, Attorney at Law, Yakima, WA, for Appellant.

Brad E. Smith, Attorney at Law, Spokane, WA, Mariano Morales, Yakima, WA, John Robert Connelly, Darrell L. Cochran, Gordon, Thomas, Honeywell, Malanca, Peterson and Daheim LLP, Tacoma, WA, for Respondents.

OPINION PUBLISHED IN PART

SWEENEY, A.C.J.

This is a damage suit for wrongful death. The primary issue before us is whether the trial court erred by refusing to treat a "covenant not to execute" as a "release." If the agreement effectively released one defendant from further liability, then the remaining defendant, West Valley School District (the District), the appellant here, is liable for only its proportionate share of the jury's damage award (75 percent...

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