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HI-WAY FUEL CO. v. ESTATE OF ALLYN

No. 32019-3-II.

115 P.3d 1031 (2005)

HI-WAY FUEL COMPANY, Respondent, v. ESTATE OF Joseph S. ALLYN, deceased, Appellant, Cross-Respondent. Department of Labor and Industries, Respondent/Cross Appellant, v. Estate of Joseph S. Allyn, deceased, Appellant/Cross-Respondent.

The Court of Appeals of Washington, Division Two.

July 7, 2005.

Attorney(s) appearing for the Case

William J. Blitz, Office of the Attorney General, Olympia, WA, Roger Harvey Vanhoy, Attorney at Law, Vancouver, WA, Anastasia R. Sandstrom, Attorney at Law, Seattle, WA, for Respondents.

Ben Shafton, Attorney at Law, Vancouver, WA, for Appellant.

BRIDGEWATER, P.J.

¶ 1 We are asked to determine when litigation costs must be presented to the Department of Labor and Industries (Department) concerning successful litigation against a third-party tortfeasor. We are also asked to determine whether damages for loss of consortium should be deducted from a partial recovery proportionate to the jury award.

¶ 2 We hold that litigation costs may be raised for...

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