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COLBERT v. MOOMBA SPORTS, INC.

No. 78833-2.

176 P.3d 497 (2008)

Jay COLBERT, as personal representative of the estate of Denise Colbert; and for himself, Petitioner, v. MOOMBA SPORTS, INC., a Tennessee corporation; United Marine Corporation of Tennessee, a Tennessee corporation; American Marine Corporation, a Tennessee corporation; and Skier's Choice, Inc., an Oklahoma corporation, Respondents.

Supreme Court of Washington, En Banc.

Decided February 14, 2008.

Attorney(s) appearing for the Case

C. Steven Fury, William Scherer Bailey, Seattle, Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, for Petitioner.

William Robert Hickman, Reed McClure, Raymond Stillman Weber, Mills Meyers Swartling, Seattle, for Respondents.

Bryan Patrick Harnetiaux, Spokane, for Amicus Curiae on behalf of Washington State Trial Lawyers Association.

MADSEN, J.

¶ 1 Jay Colbert's daughter, Denise Colbert, drowned after inhaling carbon monoxide fumes while hanging onto a motorboat as it was moving. He sued the boat manufacturer and others on several theories, including failure to warn of the danger of carbon monoxide exposure and negligent infliction of emotional distress. The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed. Mr. Colbert maintains that the Court...

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