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TYNER v. CPS

No. 39748-6-I.

963 P.2d 215 (1998)

L. David TYNER III, a married person, Respondent/ Cross-Appellant, v. The STATE of Washington, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, CHILD PROTECTIVE SERVICES, a state government and its division and agency, Appellant/ Cross-Respondent, Inda Drake and John Doe Drake, husband and wife and the marital community composed thereof; Dennis Smith and Jane Doe Smith, husband and wife and the marital community composed thereof; and Susan Hyde and John Doe Hyde, husband and wife and the marital community composed thereof, Defendants.

Court of Appeals of Washington, Division 1.

September 28, 1998.

Attorney(s) appearing for the Case

Richard Lawrence Martens, Johnson & Martens, P.S., Jeffrey Gene Poole, Jeffrey G. Poole, PC, Seattle, for Respondent/Cross-Appellant.

Rene David Tomisser, Atty. Gen. Office/Tort Claims, Olympia, for Appellant/Cross-Respondent.

BECKER, Judge.

Suspected of sexually abusing his children, David Tyner was subject to no-contact orders for several months. After the restriction was lifted, he successfully sued the State on a theory of negligent investigation by Child Protective Services. We reverse the judgment entered on the jury verdict, finding insufficient evidence to support a finding that the CPS investigation was a legal cause of the court decisions...

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