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Full-Text Articles in Law
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Washington Law Review
With the deElche decision, Washington joined the majority of community property states, but did not address several important questions, which will be the subject of this note. This note begins by reviewing prior case law and the structure of community property ownership in general. An analysis of the majority and dissenting opinions in deElche follows. The majority's reasoning and the impact of the decision will then be analyzed. The note concludes that the deElche holding is basically sound, but that the lack of clarity in the opinion leaves several community property questions unsettled.
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Washington Law Review
This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to …
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
Washington Law Review
The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
Washington Law Review
The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.