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DILLEY v. S & R HOLDINGS, LLC

No. 34121-2-II.

154 P.3d 955 (2007)

Ramona A. DILLEY, as Personal Representative of the Estate of Jack Evan Dilley a/k/a Evan Dilley; Ramona A. Dilley, individually, Jack J. Dilley, individually, Appellants, v. S & R HOLDINGS, LLC, a Washington limited liability company; John Doe I, individually; John Doe II, individually; Rognlin's Inc., a Washington corporation; Randy Rognlin and Michelle Rognlin, husband and wife; and Scott Rognlin and Aissa Rognlin, husband and wife; Shirley Ann Rollins, a single woman; SBR Company, a general partnership (and John Does III and IV, its partners), Respondents.

Court of Appeals of Washington, Division 2.

April 3, 2007.

Attorney(s) appearing for the Case

Curtis Michael Janhunen, Thomas Avery Brown, Brown Lewis Janhunen & Spencer, Aberdeen, WA, for Appellants.

Elizabeth Grace Smith, Law Office of Kenneth R. Scearce, Lee V. Corkrum, Seattle, WA, for Defendants.

Novelle Frances Ballard, John Clifford Moore, Mitchell Lang & Smith, Seattle, WA, for Respondents.

ARMSTRONG, J.

¶ 1 Thirteen-year-old Jack Dilley died from injuries he sustained when he drove an all terrain vehicle into a pit on S & R Holdings LLC's property. The Dilley family sued S & R Holdings and the SBR Co., a previous owner of the property, for wrongful death, alleging that each knew of the dangerous pit. SBR moved for dismissal under CR 12(b)(6), arguing that because the Dilleys alleged S & R Holdings, the current owner, knew of the dangerous...

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