Legal Opinion · Concurring in part, dissenting in part

Balmer v. Dilley

Washington Supreme Court

Decided November 2, 1972No. 41979Published

1Concurring in part, dissenting in partNeill, J.

(concurring in part, dissenting in part)—I concur in the granting of a new trial and most of the rationale of the majority opinion,1 but dissent from that part of the *373majority opinion which confers a claim for damages under RCW 4.24.010 extending beyond the decedent’s age of majority.

The portion of the statute which extends recovery in these cases to include damages for “loss of love and companionship of the child and for injury to or destruction of the parent-child relationship” is unequivocally tied to the preexisting portion wherein the cause of action is established, having express…

2Cases cited5 opinions

  1. Lockhart v. BeselWashington Supreme Court · 1967
  2. Pringle v. StateWashington Supreme Court · 1970
  3. Skeels v. DavidsonWashington Supreme Court · 1943
  4. Nyland v. Department of Labor & IndustriesWashington Supreme Court · 1952
  5. Skidmore v. City of SeattleWashington Supreme Court · 1926

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