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FAUST v. ALBERTSON

Nos. 57821-9-I, 57321-7-I, 57320-9-I.

178 P.3d 358 (2008)

Bianca FAUST, individually and as Guardian of Gary C. Faust, a minor, and Bianca Celestine Mele, Bryan Mele, Beverly Mele, and Albert Mele, Respondents, v. Mark ALBERTSON, as personal Administrator for the Estate of Hawkeye Kinkaid, deceased, Loyal Order of Moose, Inc., Moose International, Inc., John Does (1-10) (fictitious names of unknown individuals and/or entities) and ABC Corporation (1-10) (fictitious names of unknown individuals and/or entities), Defendants, Bellingham Lodge # 493, Alexis Chapman, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered February 14, 2008.

Attorney(s) appearing for the Case

Steven John Chance, Attorney at Law, Bellingham, WA, Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Appellants.

William Edward Fitzharris Jr., Preg O'Donnell & Gillett PLLC, Russell Charles Love, Thorsrud Cane & Paulich, Seattle, WA, Edward M. Kay, Paul V. Esposito, Clausen Miller, Chicago, IL, Charles Kenneth Wiggins, Wiggins & Masters PLLC, Bainbridge Island, WA, for Respondents.

APPELWICK, C.J.

¶ 1 After they were injured when their vehicle was struck by a drunk driver, the Fausts brought suit against the estate of the driver, who was killed in the accident. They also sued Alexis Chapman, bartender at the Moose Lodge and the Lodge itself for overservice of alcohol. The jury returned a verdict for the Fausts. Chapman and Moose Lodge appeal. The Fausts cross-appeal contending that the interest rate on tort judgments violates their constitutional...

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