Legal Opinion

Estate of Otani v. Broudy

Washington Supreme Court

Decided June 10, 2004No. 73531-0PublishedCited by 15 opinions

1Opinion of the CourtJohnson, J.

This case involves a survival action arising out of the wrongful death of a decedent caused by medical negligence. The issue we must resolve is whether damages are available to an estate for a decedent’s loss of enjoyment of life (LOEL) under RCW 4.20.046(1) or RCW 4.20.060, Washington’s survival statutes. Division One of the Court of Appeals reversed a trial court award of $450,000 for LOEL to the decedent’s estate. We affirm the Court of Appeals.

FACTUAL AND PROCEDURAL HISTORY

On July 9, 1999, Yaeko Otani (Ms. Otani) underwent surgery to receive a pacemaker. During the surgery, Dr. David…

2Cases cited9 opinions

  1. Kirk v. Washington State UniversityWashington Supreme Court · 1987
  2. Orcutt v. Spokane CountyWashington Supreme Court · 1961
  3. Wooldridge v. WoolettWashington Supreme Court · 1981
  4. Warner v. McCaughanWashington Supreme Court · 1969
  5. Federated Services Insurance v. Personal Representative of the Estate of NorbergCourt of Appeals of Washington · 2000

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3Cited by15 opinions

  1. Otani Ex Rel. Shigaki v. BroudyWashington Supreme Court · 2004
  2. Vernon v. Aacres Allvest, LLCCourt of Appeals of Washington · 2014
  3. State v. ManroCourt of Appeals of Washington · 2005
  4. Deggs v. Asbestos Corp.Court of Appeals of Washington · 2015
  5. Ostling v. City of Bainbridge IslandDistrict Court, W.D. Washington · 2012

10 more not listed; retrieve them via the Exa API.

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