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DANIEL v. COLEMAN CO. INC.

No. 08-35592.

599 F.3d 1045 (2010)

Mari DANIEL, individually and as the personal representative of the Estate of Melvin Daniel and as Guardian for the minor children, and as the personal representative of the Estate of Fred Ramiskey, Plaintiff-Appellant, v. COLEMAN COMPANY INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2010.

Attorney(s) appearing for the Case

Philip A. Talmadge, Peter Lohnes, Tukwila, WA; Michael E. Blue, Jeffrey M. Campiche, Seattle, WA; Patrick J. Kang, Seattle, WA; Thomas C. Bierlein, Issaquah, WA, for the plaintiff-appellant.

Kenneth R. Lang, Amy M. Decker, Wichita, KS; Keith Gerrard, Todd W. Rosencrans, Seattle, WA, for the defendant-appellee.

Opinion by Judge NOONAN; Dissent by Judge PREGERSON.

NOONAN, Circuit Judge:

This dispute arises from a wrongful death action initiated by Mari Daniel on behalf of her husband and her father, Melvin Daniel and Fred Ramiskey.

FACTS

In September of 2006, Robert Haney, Fred Ramiskey, and Melvin Daniel went on a hunting trip in the Chambers Lake area near Packwood, Washington, staying in Daniel's twenty-five foot camper. Haney was the owner of a Coleman Powermate...

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