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LOILAND v. STATE

No. 76096-3-I.

407 P.3d 377 (2017)

Wynn LOILAND and Suzanne Loiland, Appellants, v. STATE of Washington, Pedro Lopez and Jane Doe Lopez, and the marital community thereof, Respondents and Mario A. Jimenez Perez and Jane Doe Perez, and the marital community comprised thereof, Defendants.

Court of Appeals of Washington, Division 1.

Filed: December 26, 2017.

Attorney(s) appearing for the Case

Philip Albert Talmadge , Talmadge/Fitzpatrick/Tribe, 2775 Harbor Ave. Sw., Third Floor Ste. C, Seattle, WA, 98126-2138, Francisco A. Duarte , Scott David Jd Smith , Fury Duarte, PS, 1606 148th Ave. Se. Ste. 102, Bellevue, WA, 98007, Lee Stewart Thomas , Harpold Thomas, P.C., 8407 S 259th St. Ste. 101, Kent, WA, 98030-7536, for Appellants.

Garth Ahearn , Office of the Attorney General-Tacoma, P.O. Box 2317, Tacoma, WA, 98401-2317, Torts Division-Tacoma Attorney General, Attorney at Law, 1250 Pacific Avenue, Suite 105, P.O. Box 2317, Tacoma, WA, 98401, Richard William Lockner , Attorney at Law, 524 Tacoma Ave. S., Tacoma, WA, 98402-5416, Steve C. Franklin , Becker Franklin Rovang PLLC, 1730 Pottery Ave. Ste. 210, Port Orchard, WA, 98366-2565, Paul Lawrence Crowley , Lockner & Crowley, Inc., P.S., 524 Tacoma Ave. S., Tacoma, WA, 98402-5416, for Respondents.

Joseph F. Quinn , Joseph F. Quinn, P.S., 20 Forest Glen Ln. Sw., Lakewood, WA, 98498-5306, Amicus Curiae on behalf of Washington Fire Chiefs, Washington Fire Commissioners Association, and Washington State Council of Firefighters.

PUBLISHED OPINION

¶ 1 The general rule in Washington is that a person who is injured while rescuing another may recover from the party whose negligence created the need for rescue. However, because professional rescuers assume certain risks as part of their profession, the general rule does not apply. When a professional...

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