Morgan v. Prudential Insurance Co. of America

(dissenting) — I dissent. I adopt and approve all of the excellent opinion of the Court of Appeals, per Munson, J., 13 Wn. App. 323, 534 P.2d 581 (1975).

I would add only a few brief comments. I, too, feel sorry for the plaintiff. He did, in fact, suffer a grievous injury and one that will seriously impair his activity for the remainder of his life. Sympathy, however, is not a proper basis for the determination of litigation. Only facts and law should be considered.

Here the relevant facts are that plaintiff did not lose both hands. His hands were not severed “at or above the wrists.”

The…