Legal Opinion
McDermott v. Kaczmarek
Court of Appeals of Washington
Decided May 11, 1970No. 235-41064-1PublishedCited by 27 opinions
1Opinion of the CourtJames, C. J.
George McDermott’s 7-year-old son Perry went, uninvited, to play on the Thomsons’ land. While playing with two companions near the top of a cliff, Perry fell to his death. McDermott’s wrongful death action against the Thomsons was dismissed on their motion for summary judgment. McDermott appeals.
The facts are not in dispute. The trial judge concluded that under no legal theory could McDermott prevail.
McDermott’s two legal theories are these; that the Thom-sons’ failure to fence their property pursuant to RCW 78.12.010 was negligence as a matter of law and that the Thomsons were negligent in…
2Cases cited15 opinions
- Krystad v. LauWashington Supreme Court · 1965
- McHugh Et Ux. v. Reading Co.Supreme Court of Pennsylvania · 1943
- Schock v. Ringling Bros. Etc.Washington Supreme Court · 1940
- Barnhart v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1916
- In Re Tyler's EstateWashington Supreme Court · 1926
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. RoggenkampWashington Supreme Court · 2005
- State v. RoggenkampWashington Supreme Court · 2005
- Tincani v. Inland Empire Zoological SocietyWashington Supreme Court · 1994
- State v. JacksonWashington Supreme Court · 1999
- State v. FloresWashington Supreme Court · 2008
22 more not listed; retrieve them via the Exa API.