Fitch v. Johns-Manville Corp.
Court of Appeals of Washington
1Opinion of the CourtWorswick, J.
Merton E. Bennett died in 1970; his widow was appointed personal representative of his estate. The estate was closed in due course, and Mrs. Bennett was discharged as personal representative. In 1981, she brought this action against several asbestos manufacturers for the wrongful death of her husband. Although she purported to sue in her capacity as personal representative, she did not seek reappointment.
The defendants affirmatively pleaded Mrs. Bennett's lack of capacity to sue, and also submitted interrogatories asking her for details relating to her appointment. She still did not seek…
2Cases cited8 opinions
- Eastlake Construction Co. v. HessWashington Supreme Court · 1984
- Sahlie v. Johns-Manville Sales Corp.Washington Supreme Court · 1983
- Huntington v. Samaritan HospitalWashington Supreme Court · 1984
- Fox v. SackmanCourt of Appeals of Washington · 1979
- Gray v. Pacific National BankCourt of Appeals of Washington · 1973
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3Cited by6 opinions
- Beal v. City of SeattleWashington Supreme Court · 1998
- Beal for Martinez v. City of SeattleWashington Supreme Court · 1998
- Rinke v. Johns-Manville Corp.Court of Appeals of Washington · 1987
- Craig v. LudyCourt of Appeals of Washington · 1999
- Beal v. City of SeattleWashington Supreme Court · 1998
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