WOMACK v. VON RARDON

No. 24221-8-III.

135 P.3d 542 (2006)

133 Wash.App. 254

Bernadette WOMACK, a single woman; and Bernadette Womack a Fiduciary, Personal Representative, and Special Guardian over the Sentient Being and Equitable Estate of Max Womack, deceased feline and property sui generis; and State of Washington as parens patriae for Max Womack ex rel. Bernadette Womack, Appellant, v. Rusty VON RARDON, a Minor, and Temporary Constructive Trustee over Max Womack; Jason Robert Brumback, a Minor, and Temporary Constructive Trustee over Max Womack; Bonnie Mustain Rardon a/k/a Bonnie Mustain and John Doe Rardon, husband and wife, and the marital community composed thereof; Donald G. Brumback and Susan L. Brumback, parents to Jason Brumback, husband and wife, and the marital community composed thereof; and Does 1-10; and Jayson L. Anderson, Temporary Constructive Trustee over Max Womack, Respondents.

Court of Appeals of Washington, Division 3.

May 25, 2006.


Attorney(s) appearing for the Case

Adam Phillip Karp, Attorney at Law, Bellingham, WA, for Appellant.

Bonnie Mustain Rardon (Appearing Pro Se), Jayson L. Anderson (Appearing Pro Se), Spokane Valley, WA, for Respondent.

Rusty Von Rardon (Appearing Pro Se), Spokane, WA, for Minor.

David Michael Kerwin, Purcell & Adams, PLLC, Lynnwood, WA, Amicus Curiae on behalf of Animal Legal Defense Fund.


BROWN, J.

¶ 1 Bernadette Womack received a $5,000 general damages award for emotional distress in a default judgment against Rusty Rardon, his parents, and Jayson Anderson due to the malicious burning of her cat, Max, and her son's harassment. Ms. Womack appeals unopposed, contending the trial court improperly measured her damages and dismissed her private nuisance, outrage, and statutory waste claims. The Animal Legal Defense Fund, Amicus, joins in the measure...

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