Beverly R. VOLK, as guardian for Jack Alan Schiering, a minor; and as personal representative of the Estates of Philip Lee Schiering and Rebecca Leigh Schiering; and on behalf of the statutory beneficiaries of Philip Lee Schiering; and Brian Winkler, individually, Respondents/Cross-Petitioners,
v.
James B. DEMEERLEER, as personal representative of the Estate of Jan DeMeerleer; Howard Ashby, M.D., and Jane Doe Ashby, husband and wife, and the marital community composed thereof; Spokane Psychiatric Clinic, P.S., a Washington business entity and health care provider; and Does 1 through 5, Petitioners/Cross-Respondents.
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Michael Jon Riccelli , Attorney at Law, 400 S. Jefferson St., Ste. 112, Spokane, WA, 99204-3144, Bruce E. Cox , Mutual of Enumclaw Insurance Company, 1460 Wells St., Enumclaw, WA, 98022-3098, for Respondents.
Bryan Patrick Harnetiaux , Attorney at Law, 517 E. 17th Ave., Spokane, WA, 99203-2210, 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.
Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of Washington State Medical Association.
Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of American Medical Association.
Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of Washington State Psychiatric Association.
Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of Washington Chapter-American College of Emergency Physicians.
Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of Washington State Council of Child & Adolescent Psychiatry.
Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of Washington Academy of Family Physicians.
Mark Leemon , Leemon + Royer PLLC, 2505 2nd Ave., Ste. 610, Seattle, WA, 98121-1483, as Amicus Curiae on behalf of Victim Support Services.
Mark Leemon , Leemon + Royer PLLC, 2505 2nd Ave., Ste. 610, Seattle, WA, 98121-1483, as Amicus Curiae on behalf of Washington Affiliate of the National Alliance on Mental Illness.
Paul Arthur Bastine , Attorney at Law, 806 S. Raymond Rd., Spokane Valley, WA, 99206-3530, as Amicus Curiae on behalf of Washington State Psychological Association.
Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of American Psychiatric Association.
FAIRHURST, J.
¶ 1 Jan DeMeerleer murdered Rebecca Schiering and her nine year old son Philip and attempted to murder Schiering's older son, Brian Winkler. After the attack, DeMeerleer committed suicide. DeMeerleer had been an outpatient of psychiatrist Dr. Howard Ashby for nine years leading up to the attack, during which time he expressed...
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