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ESTATE OF BORDEN v. STATE, DOC

No. 51579-9-I.

95 P.3d 764 (2004)

122 Wash.App. 227

The ESTATE OF Cynthia BORDON, by its Personal Representative Arline M. ANDERSON, Respondent/Cross-Appellant, Daniel Bordon, a single adult, and Meadow Bordon, a single adult, Plaintiffs, v. The STATE of Washington, DEPARTMENT OF CORRECTIONS, Appellant/Cross-Respondent, Richard Alan Jones and Jane Doe Jones, husband and wife; William Max Buno and Jane Doe Buno, husband and wife; and unknown, unnamed individuals and entities one through ten, Defendants.

Court of Appeals of Washington, Division 1.

July 6, 2004.

Attorney(s) appearing for the Case

Glen Anderson, AAG, Olympia, WA, for Appellant.

Kevin Winters, Shoreline, WA, for Respondent.

AGID, J.

The Estate of Cynthia Bordon sued the Washington State Department of Corrections (DOC) for Bordon's wrongful death, alleging that DOC negligently supervised Richard Alan Jones and its negligence proximately caused Bordon's death. A jury found in favor of Bordon and apportioned 24 percent of fault to DOC. The State appeals, asserting the trial court erred by denying its Civil Rule 50 motion for judgment as a matter of law based on lack of duty and factual...

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