Vail v. Toftness

Lynn Toftness, personal representative of the estate of Danny Toftness, appeals the trial court’s ruling that Freehe v. Freehe, 81 Wn.2d 183, 500 P.2d 771 (1972) did not apply to this case. We affirm.

On March 25, 1983, Danny and Cindy Toftness, husband and wife, were killed when a freight train collided with their car. Mr. Toftness was driving the car; Mrs. Toftness was a passenger. They died intestate without children; but Mr. Toftness was survived by three children from a previous marriage, none of whom were adopted by Mrs. Toftness.

Garry Vail, personal representative of the estate of Mrs.…