Marriage of Brown
Washington Supreme Court
675 P.2d 1207 (1984)
- Written by Tammy Boggs, JD
Facts
During the marriage of Ronna Brown (plaintiff) and William Brown (defendant), Ronna was injured in a car accident. Six months later, Ronna filed for divorce, and a trial ensued to divide the marital estate. By the time of trial, Ronna’s out-of-pocket expenses related to her injury had been reimbursed in full, but she still had an outstanding potential recovery from the third-party tortfeasor. As to the potential recovery, the trial court found that compensation related to lost earnings and diminished earning capacity until the separation date would be community property and that compensation for anything else, including further out-of-pocket expenses, post-separation lost earnings, and other damages, would be Ronna’s separate property. William appealed, and the court of appeals reversed. The Washington Supreme Court reviewed the matter to reconsider the rule regarding characterizing the recovery for personal injury.
Rule of Law
Issue
Holding and Reasoning (Dimmick, J.)
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