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DEGGS v. ASBESTOS CORP. LTD.

No. 91969-1.

381 P.3d 32 (2016)

Judy R. DEGGS, as Personal Representative for the estate of Ray Gordon Sundberg, Petitioner, v. ASBESTOS CORPORATION LIMITED; AstenJohnson, Inc.; CBS Corporation (FKA Viacom Inc., FKA Westinghouse Electric Corporation); Ingersoll-Rand Company, Respondents, and Bartells Asbestos Settlement Trust; Gasket Company; General Refractories Company; John Crane, Inc.; Metropolitan Life Insurance Company, and First Doe through One Hundredth Doe, Defendants.

Supreme Court of Washington, En Banc.

Filed October 6, 2016.

Attorney(s) appearing for the Case

Philip Albert Talmadge , Talmadge/Fitzpatrick/Tribe, 2775 Harbor Ave. S.W. Third Floor, Ste. C, Seattle, WA, 98126-2138, Meredith Boyden Good , Brayton Purcell LLP, 806 S.W. Broadway, Ste. 1100, Portland, OR, 97205-3333, for Petitioner.

Richard George Gawlowski , Wilson Smith Cochran Dickerson , 901 5th Ave., Ste. 1700, Seattle, WA, 98164-2050, for Defendants.

Mark Bradley Tuvim , Kevin James Craig , Gordon & Rees LLP, 701 5th Ave., Ste. 2100, Seattle, WA, 98104-7084, J. Scott Wood , Foley & Mansfield PLLP, 999 3rd Ave., Ste. 3760, Seattle, WA, 98104-4009, Daniel Ruttenberg , Ruttenberg Law Office PLLC, Jan Elizabeth Brucker , Brucker Law Office, 801 2nd Ave., Ste. 800, Seattle, WA, 98104-1573, Bonnie Lynn Black , Attorney at Law, 1020 N K St., Apt. D, Tacoma, WA, 98403-1861, for Respondents.

Matthew Phineas Bergman , Colin Mieling , Brian F. Ladenburg , Bergman Draper Ladenburg, PLLC, 821 2nd Ave., Ste. 2100, Seattle, WA, 98104-1516, as Amicus Curiae on behalf of Bergman Draper Ladenburg PLLC.

Stewart Andrew Estes , Keating, Bucklin & McCormack, Inc., P.S., 800 Fifth Ave., Ste. 4141, Seattle, WA, 98104-3175, Michael Barr King , Carney Badley Spellman, P.S., 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of Washington Defense Trial Lawyers.

Bryan Patrick Harnetiaux , Attorney at Law, 517 E. 17th Ave., Spokane, WA, 99203-2210, Valerie Davis Mcomie , Attorney at Law, 4549 N.W. Aspen St., Camas, WA, 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, as Amicus Curiae on behalf of Washington State Association for Justice Foundation.

¶ 1 Washington State's wrongful death act is based on the English Lord Campbell's Act of 1846. Lord Campbell's Act gave certain family members a cause of action for a relative's wrongful death, but only if that relative would have had a cause of action for the injury at the time of death had death not occurred. While our state...

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