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Bailey v. Allderdice9/26/2005
n our view, given the clear general rule articulated by our supreme court in Green.
For support, Wallin-Bailey relies almost exclusively on two non-Washington cases - one from New Mexico and the other from California. However, Wallin-Bailey conducts no analysis of how the reasoning of those cases applies in the Washington context. We note that the New Mexico case acknowledges that its position is a minority view. Moreover, the California case, Butcher, has never been followed in California. In fact, it has been consistently rejected by other appellate courts and was overruled by the California Supreme Court.
To summarize, Wallin-Bailey presents no compelling factual or legal justification for an extension of the law stated in Green. Her cause of action is barred because the injury to her spouse occurred prior to marriage and no exception to that rule applies.
We affirm the summary judgment of dismissal.
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