Landry V. Luscher

Filing two separate lawsuits based on the same event -claim splitting - is precluded in Washington. Sprague v. Adams, 139 Wash. 510, 515, 247 P. 960, 47 A.L.R. 529 (1926). But this defense may be waived. Hardware Dealers Mut. Fire Ins. Co. v. Farmers Ins. Exch., 4 Wn. App. 49, 51-52, 480 P.2d 226 (1971). Kenneth and Katherine Landry obtained a Judgement against Kristen and Marjorie Luscher in small claims court for damage to their automobile, following an accident. The Landrys later sued in superior court for personal injuries arising out of the same accident. The superior court dismissed the second suit.