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ROBERSON v. PEREZ

No. 20583-5-III.

83 P.3d 1026 (2004)

119 Wash.App. 928

Robert ROBERSON and Connie Roberson, husband and wife, Robert Roberson as Guardian ad Litem for his minor child, Rebekah Roberson, Donna Rodriguez, a single person, Donna Rodriguez as Guardian ad Litem for her minor child, Kimberly Allbee, Plaintiffs, Jonathan Sims and Honnah Sims, husband and wife, and Jonathan Sims as Guardian ad Litem for his minor child, Daniel Sims, Respondents, v. Robert PEREZ, Timothy Abbey, Laurie Alexander, Connie Saracino, Dean Reiman, Kate Carrow, Kenneth Badgley, City of Wenatchee, a municipality in the State of Washington, State of Washington by and through its political subdivision Department of Social and Health Services, Cindy Andrews, Robin Wagg, Dave Helvey and Dan Laroche, Defendants, Douglas County, a corporate body within the State of Washington, Appellant.

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

January 29, 2004.

Attorney(s) appearing for the Case

Catherine W. Smith, Howard M. Goodfriend, Edwards, Sieh, Smith & Goodfriend PS, Seattle, WA, Stanley A. Bastian, Jeffers, Danielson, Sonn & Aylward PS, Wenatchee, WA, for Appellant.

Leslie J. Olson, James M. Beecher, Olson & Olson PLLC, Seattle, WA, Robert C. Van Siclen, John Stocks, Van Siclen, Stocks & Firkins, Auburn, WA, for Respondents.

KURTZ, J.

Following an earlier appeal which remanded this action for trial, a jury awarded Jonathan and Honnah Sims $3 million in damages against Douglas County. The jury found that the county had negligently investigated child sexual abuse allegations made against the Simses. The county now contends for the first time that the Simses do not have a cause of action under chapter 26.44 RCW because their child was not the subject of a harmful placement decision resulting...

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