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SHEPARD v. MIELKE

No. 13331-1-III.

75 Wn. App. 201 (1994)

877 P.2d 220

WANDA SHEPARD, Appellant, v. GEORGE E. MIELKE, ET AL, Defendants, MANOR HEALTHCARE CORP., Respondent.

The Court of Appeals of Washington, Division Three.

July 28, 1994.

Attorney(s) appearing for the Case

James V. Woodard and Woodard & Hughes, for appellant.

Mark W. Hendrickson and Layman, Loft, Arpin & White, for respondent.

SWEENEY, A.C.J.

Wanda Shepard was sexually assaulted by a visitor to her room at Manor Care Convalescent and Rehabilitation Center. Her suit for damages against Manor Care was dismissed on summary judgment and she appeals, contending (1) questions of fact exist with respect to Manor Care's negligent care; and (2) Manor Care owed an elevated duty of care due to Ms. Shepard's helpless condition. We reverse.

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