Kyreacos v. Smith

This is a damage action for wrongful death brought by a widow, individually and as executrix of her husband's estate. Plaintiff's husband was shot to death by a Seattle police detective. That detective, a defendant in this case, was convicted of first-degree murder; the conviction was affirmed on appeal. State v. Smith, 85 Wn.2d 840, 540 P.2d 424 (1975). The bizarre circumstances of the murder are set out in State v. Smith, supra. For purposes of this opinion, suffice it to say that the jury was convinced that Detective Smith was guilty of premeditated murder in killing plaintiff's husband.

Pla…