Legal Opinion

Rasmussen v. Bendotti

Court of Appeals of Washington

Decided August 21, 2001No. 19464-7-IIIPublishedCited by 24 opinions

1Opinion of the CourtSweeney, J.

To hold a defendant liable for negligence, the plaintiff must show that the defendant proximately caused the plaintiff’s injury. Crowe v. Gaston, 134 Wn.2d 509, 514, 951 P.2d 1118 (1998). Proximate cause is generally a question of fact. Hertog v. City of Seattle, 138 Wn.2d 265, 275, 979 P.2d 400 (1999). Here, the trial court, sitting as the fact finder, found that any negligence on the part of Eugene Bendotti (Gene) was “too attenuated” from Bonny Jo Bendotti’s death to hold Gene legally liable. Gene was Bonny’s scuba diving buddy. He failed to properly attach a power inflator to his buoyancy…

2Cases cited23 opinions

  1. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  2. Hertog v. City of SeattleWashington Supreme Court · 1999
  3. HERTOG, EX REL., SAH v. City of SeattleWashington Supreme Court · 1999
  4. State v. WilliamsWashington Supreme Court · 1981
  5. Schooley v. Pinch's Deli Market, Inc.Washington Supreme Court · 1998

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

3Cited by24 opinions

  1. Parrilla v. King CountyCourt of Appeals of Washington · 2007
  2. Parrilla v. King CountyCourt of Appeals of Washington · 2007
  3. Guarino v. Interactive Objects, Inc.Court of Appeals of Washington · 2004
  4. Guarino v. Interactive Objects, Inc.Court of Appeals of Washington · 2004
  5. Paradise Orchards General Partnership v. FearingCourt of Appeals of Washington · 2004

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

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