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ROBERSON v. PEREZ

No. 75486-1.

123 P.3d 844 (2005)

156 Wash.2d 33

Robert ROBERSON and Connie Roberson, husband and wife; Robert Roberson as Guardian ad Litem for his minor child, Rebekah Roberson; Donna Rodriguez, a single person; Donna Rodriguez as Guardian ad Litem for her minor child, Kimberly Allbee, Plaintiffs, Jonathan Sims and Honnah Sims, husband and wife, and Jonathan Sims as Guardian ad Litem for his minor child, Daniel Sims, Petitioners, v. Robert PEREZ, Timothy Abbey, Laurie Alexander, Connie Saracino, Dean Reiman, Kate Carrow, Kenneth Badgley, City of Wenatchee, a municipality in the State of Washington, State of Washington, by and through its political subdivision Department of Social and Health Services, Cindy Andrews, Robin Wagg, Dave Helvey and Dan Laroche, Defendants, Douglas County, a corporate body within the State of Washington, Respondent.

Supreme Court of Washington.

Decided December 1, 2005.

Attorney(s) appearing for the Case

John Stocks, Van Siclen Stocks & Finkins, Auburn, Philip James Buri, Buri Funston PLLC, Bellingham, for Petitioner/Appellant.

Catherine Wright Smith, Howard Mark Goodfriend, Edwards Sieh Smith & Goodfriend PS, Seattle, Stanley Allen Bastian, Jeffers Danielson Sonn & Aylward PS, Wenatchee, for Appellee/Respondent.

Bryan Patrick Harteniaux, Debra Leigh Williams Stephens, Spokane, for Amicus Curiae Washington State Trial Lawyers Assoc. Foundation.

En Banc.

J.M. JOHNSON, J.

¶ 1 After acquittal on six counts of rape and molestation of a child, Honnah Sims and her husband (Petitioners) successfully sued Douglas County (County) for negligent investigation of child abuse allegations. Petitioners now appeal a Court of Appeals decision reversing their jury award and dismissing their action.

¶ 2 The primary issues for our consideration are (1) the applicability of the law of the case doctrine to this matter...

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