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ESTATE OF DAVIS v. STATE, DOC

No. 22809-6-II.

113 P.3d 487 (2005)

The ESTATE OF Matthew DAVIS and James Spurgetis, Personal Representative; Ricky Davis, Appellants, Michaela Hunton, Plaintiff, v. STATE of Washington, DEPARTMENT OF CORRECTIONS, Respondent and Cross-Appellant, Stevens County, a Political Division of the State of Washington, Respondent, Edwin and Kathy Delager, a marital community, Defendants.

Court of Appeals of Washington, Division Three, Panel One.

Publication Ordered and Amended June 2, 2005.

Attorney(s) appearing for the Case

Charles S. Hamilton, Attorney at Law, Seattle, WA, for Appellant.

Jarold P. Cartwright, Carl P. Warring, Washington State Attorney General's Office, Spokane, WA, Catherine Hendricks, Michael P. Lynch, Assistant Attorneys General, Seattle, WA, Michael E. McFarland, Attorney at Law, Spokane, WA, for Respondent.

KATO, C.J.

¶ 1 James Spurgetis, the executor of Matthew Davis's estate, and Mr. Davis's parents sued Stevens County and the State of Washington for wrongful death, claiming the County was negligent in failing to screen the person who murdered Mr. Davis and the State was negligent for failing to supervise the murderer. The court granted summary judgment to the County and the State. Because neither the County nor the State had a duty to Mr. Davis, we affirm the...

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