Johnson v. Ottomeier

45 Wash. 2d 419, 275 P.2d 723 (1954)

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Johnson v. Ottomeier

Washington Supreme Court
45 Wash. 2d 419, 275 P.2d 723 (1954)

SH

Facts

Antone Ottomeier murdered his wife, Anna, and then committed suicide. The representative for Anna’s estate (plaintiff) filed a wrongful-death claim against Antone’s estate (defendant) for the benefit of the children. The trial court dismissed the claim on the grounds that the law did not allow a wife to sue her husband for a tort committed against her person and that a wrongful-death action could only be pursued if the decedent would have had a valid claim again the tortfeasor if the decedent had survived. The representative of Anna’s estate appealed the trial court’s dismissal.

Rule of Law

Issue

Holding and Reasoning (Hamley, J.)

Dissent (Hill, J.)

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