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CAULFIELD v. KITSAP COUNTY

No. 25795-5-II.

29 P.3d 738 (2001)

Jay CAULFIELD, Respondent/Cross-Appellant, v. KITSAP COUNTY, Area Agency on Aging/Senior Information and Assistance, Appellant/Cross-Respondent. State of Washington, Department of Social and Health Services; and James Robert Sellars, III, Defendants.

Court of Appeals of Washington, Division 2.

August 24, 2001.

Attorney(s) appearing for the Case

Jacquelyn Moore Aufderheide, Kitsap Co. Prosecutors Office M/s35a, Port Orchard, William Robert Hickman, Reed McClure, Seattle, for Appellants.

Rene David Tomisser, Asst. Atty. General, Olympia, for Defendant DSHS.

David P. Moody, Gordon, Thomas, Honeywell, Malanca, Seattle, Stephanie Bloomfield, Gordon, Thomas, Honeywell, Tacoma, Marc David Gianneschi, Bennett, Rainey, Moran & Gianneschi, Silverdale, for Respondents.

OPINION PUBLISHED IN PART

BRIDGEWATER, J.

Kitsap County appeals a judgment against it for negligence in the management of Jay Caulfield's in-home care resulting in severe personal injuries. The County contends that the public duty doctrine applied and it was immune from suit. We hold that when the County undertook in-home care management for Caulfield, who was already a profoundly disabled, vulnerable adult with Multiple Sclerosis, a special relationship...

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