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CUMMINS v. LEWIS COUNTY

No. 30738-3-II.

98 P.3d 822 (2004)

Mary A. CUMMINS, individually, and as Personal Representative of the Estate of Leon V. Cummins, deceased, Appellant, v. LEWIS COUNTY, a municipality; Centralia a municipality, Respondents, Qwest Corporation, formerly doing business as U.S. West Communications, a foreign corporation, Defendants.

Court of Appeals of Washington, Division 2.

Publication Ordered October 5, 2004.

Attorney(s) appearing for the Case

Terry E. Lumsden, Law Offices of Terry E. Lumsden, Tacoma, Howard Mark Goodfriend, Edwards Sieh Smith & Goodfriend PS, Seattle, for Appellant.

Guy M. Bogdanovich, Law Lyman Daniel Kamerrer et al, Olympia, Robert William Novasky, Burgess Fitzer PS, Tacoma, Geoffrey C. Bedell, Soha & Lang PS, Seattle, for Respondents.

VAN DEREN, J.

Mary A. Cummins filed a wrongful death action based on negligent maintenance of an emergency dispatch system and failure to respond to a 911 call. Cummins appeals summary judgment in favor of the City of Centralia and Lewis County based on her failure to demonstrate an actionable duty under the public duty doctrine. We affirm, holding that no material facts establish a special relationship exception to the public duty doctrine.

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