NIECE v. ELMVIEW GROUP HOME

No. 14564-6-III.

904 P.2d 784 (1995)

79 Wash.App. 660

Dory NIECE, as Guardian for her daughter Lori Ann Niece, Appellant, v. ELMVIEW GROUP HOME, a corporation, Respondent, and Kleber V. Quebedo, aka Kleber Quevedo; Bruce A. Herman, M.D.; and State of Washington, Defendants.

Court of Appeals of Washington, Division 3, Panel Four.

November 2, 1995.


Attorney(s) appearing for the Case

David A. Thompson, Moore & Thompson, Yakima, J. Adams Moore, Jr., Moore, Thompson & Scott, Yakima, for Appellant.

Nancy K. McCoid, Merrick, Hofstedt & Lindsey, Seattle, for Respondent.

Bryan P. Harnetiaux, Spokane, Debra L. Stephens, Spokane, Gary N. Bloom, Harbaugh & Bloom, Spokane, for amicus curiae Washington State Trial Lawyers.

Mary M. Palmer, Paine, Hamblen, Coffin, Brooke & Miller, Spokane, for amicus curiae Washington Defense Trial Lawyers.


SCHULTHEIS, Judge.

Lori Niece, a physically and mentally disabled woman, was repeatedly raped while residing at Elmview Group Home. Some of her claims against Elmview were dismissed on summary judgment and she appeals, contending the trial court erred in finding (1) Elmview was not vicariously liable for the intentional torts of its employee; (2) there was no issue of material fact regarding Elmview's negligent supervision...

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