Zimny v. Lovric

In October 1983, Mitchell Zimny, a minor, was injured as a result of Lovric's alleged negligence. In January, 1986, Zimny drowned in an accident unrelated to the alleged negligence. In May, 1986, Zimny's personal representative (hereinafter Zimny) sued Lovric under RCW 4.20.046, Washington's survival statute, claiming damages for diminished earning capacity.

Lovric brought a motion for partial summary judgment asking the court to limit any recovery for diminished earning capacity to the period prior to death. The first trial judge, Judge Deierlein, denied the motion. Four days prior to trial,…