NIECE v. ELMVIEW GROUP HOME

No. 63596-0.

929 P.2d 420 (1996)

131 Wash.2d 39

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

Supreme Court of Washington, En Banc.

Decided January 16, 1997.


Attorney(s) appearing for the Case

Bryan P. Harnetiaux, Debra Stephens, Spokane, Harbaugh & Bloom, Gary Bloom, Spokane, Amicus Curiae on behalf of Washington State Trial Lawyers Association.

Paine, Hamblen, Coffin, Brooke & Miller, Mary M. Palmer, Spokane, Amicus Curiae on behalf of Washington Defense Trial Lawyers.

John H. Moore, Jr., Yakima, Moore & Thompson, David Thompson, Yakima, Theodore Spearman, Bainbridge, for Petitioner.

Merrick, Hofstedt & Lindsey, Nancy K. McCoid, Allan H. Baris, Harold R. Hofstedt, Seattle, for Respondent.


DURHAM, Chief Justice.

A developmentally disabled woman brought this action for damages against a private group home after she was sexually assaulted by a staff member at the home. We are asked to determine the tort theories under which a group home for developmentally disabled persons may be liable for such assaults. We hold that (1) the special relationship between the group home and its vulnerable residents gives rise...

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