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JOYCE v. STATE, DEPT. OF CORRECTIONS

No. 26499-4-II.

75 P.3d 548 (2003)

Stephen JOYCE, individually and as the Personal Representative of the Estate of Paula Joyce, and as Guardian for the Estate of Paula Joyce, and as Guardian for the Estates of Marie Theresa Joyce, a minor, Thomas Joyce, a minor, Katherine Joyce, a minor, and Joseph Joyce, a minor, Respondent, v. STATE of Washington, DEPARTMENT OF CORRECTIONS, Appellant. and Vernon Valdez Stewart, a single man, Defendant.

Court of Appeals of Washington, Division 2.

Republished After Denial of Reconsideration May 22, 2003.

Attorney(s) appearing for the Case

Gary Edmund Andrews, Dept of Corrections OAS, Glen Andrew Anderson, Michael E. Tardif, Michael Patrick Lynch, Olympia, WA, for Appellant.

Darrell L. Cochran, Gordon Thomas Honeywell et al, John Robert Connelly, Tacoma, WA, for Respondent.

HOUGHTON, J.

While under community supervision by the Washington State Department of Corrections (DOC), Vernon Valdez Stewart caused an automobile accident that killed Paula Joyce. Paula Joyce's family and her estate (the Joyce family) sued DOC and a jury awarded damages. On appeal, DOC argues that the facts do not support finding that DOC's duty to control Stewart extended to Paula...

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