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SMELSER v. PAUL

No. 93076-7.

398 P.3d 1086 (2017)

Dillon SMELSER, individually, and Derrick Smelser, a minor child, by and through his parent/guardian, Maria Selph, Petitioners, v. Jeanne PAUL and "John Doe" Paul, individually and the marital community comprised thereof, and Ronald Smelser, individually, Respondents.

Supreme Court of Washington.

Filed July 6, 2017.

Attorney(s) appearing for the Case

Paul Alexander Lindenmuth, Ben F. Barcus & Associates PLLC, 4303 Ruston Way, Tacoma, WA, 98402-5313, for Petitioners.

Sandra B. Bobrick, Sloan Bobrick PS, 4810 Pt. Fosdick Drive N.W., #83, Gig Harbor, WA, 98335, Joanne Henry, Attorney at Law, 4128 N. Mason Ave., Tacoma, WA, 98407-4934, for Respondents.

Daniel Edward Huntington, Gary Neil Bloom, Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, Valerie Davis Mcomie, Attorney at Law, 4549 N.W. Aspen St., Camas, WA, 98607-8302, as Amicus Curiae on behalf of Washington State Association for Justice Foundation.

¶ 1 This case concerns the intersection of the doctrine of parental immunity with the system of proportionate liability under chapter 4.22 RCW. Two-year-old Derrick Smelser was run over while playing in his yard by a car driven by the defendant, Jeanne Paul. At trial, Paul was allowed to assert an affirmative defense that the child...

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