Nelson V. Schubert - Washington Court of Appeals

Nelson V. Schubert

By Washington Court of Appeals

  • Release Date: 2000-01-03
  • Genre: Law
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Nelson V. Schubert Washington Court of Appeals Book Review Score: ★★★★★ 5/5 stars

-- Julianna Schubert was last seen alive on June 30, 1989. Her body has never been found. In a wrongful death action filed by her mother in 1997, proof of Julianna's death depended upon the legal presumption of death that arises seven years after disappearance. We must decide what triggers the statute of limitations where there is no proof of death, and whether circumstantial evidence supported the jury's finding that Julianna's husband caused her death. We hold that the three-year statute of limitations for wrongful death actions was tolled until Nelson could present proof of Julianna's death by way of legal presumption, and that sufficient circumstantial evidence supported the jury's findings that Julianna had died and that her husband David Schubert caused her death. We reject Schubert's remaining claims, and affirm the verdict.

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