Legal Opinion · Dissent

Estate of Bunch v. McGraw Residential Center

Court of Appeals of Washington

Decided February 7, 2011No. 63847-5-IPublished

1DissentBecker, J.

¶58 (dissenting) — The majority holds that the statutory cause of action for wrongful death of a child, RCW 4.24.010, is available only to those parents who made regular contributions to the child’s support “at or near the time of the death or injury of that child.” Majority at 866.1 respectfully dissent. The temporal limitation is not found in the statute, it frustrates legislative intent, and it is based on a misreading of precedent.

¶59 Ashlie Bunch was born to a substance-addicted mother. Ashlie and her sister, two years younger, were placed in foster care, where they were abused. Steven…

2Cases cited6 opinions

  1. Philippides v. BernardWashington Supreme Court · 2004
  2. Philippides v. BernardWashington Supreme Court · 2004
  3. Postema v. Postema Enterprises, Inc.Court of Appeals of Washington · 2003
  4. Blumenshein v. VoelkerCourt of Appeals of Washington · 2004
  5. State v. WigginsCourt of Appeals of Washington · 2002

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