Walton v. Absher Construction Co.

Plaintiff in a wrongful death/survival action appeals the trial court's partial summary judgment dismissing her claim for damages for decedent's pain and suffering between the time of injury and the time of death. The issue is: Are the decedent's pain and suffering recoverable elements of damages under the special survival statute, RCW 4.20.060.

Charles H. Walton died from injuries received in a fall at a construction site where he was employed. Petitioner, Velma Jane Walton, brought this action on behalf of herself, the estate, and the Walton children, seeking damages from respondent Absher…