CLAAR EX REL. CLAAR v. AUBURN SCHOOL DIST.

No. 53367-3-I.

110 P.3d 767 (2005)

126 Wash.App. 897

Danae CLAAR, a minor child, by and through her parental guardians Larry and Margaret CLAAR; Sanna Claar, a minor child, by and through her parental guardians Larry and Margaret Claar, and the marital community comprised thereof, Appellants, v. AUBURN SCHOOL DISTRICT NO. 408; a Washington Municipal Corporation; Connie Mohoric and "John Doe" Mohoric, and the marital community comprised thereof; and Linda Johnson and "John Doe" Johnson, and the marital community comprised thereof, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered April 11, 2005.


Attorney(s) appearing for the Case

Lafcadio H. Darling, Bradley Gene Davis, Gordon Thomas Honeywell, Seattle, for Appellants.

David D. Mordekhov, Gary A. Trabolsi, Gardner Bond Trabols et al., Seattle for Respondent Mohoric.


GROSSE, J.

¶ 1 Washington law recognizes two elements of proximate cause: cause in fact and legal causation. Here legal causation is absent.

FACTS

¶ 2 In September 2000, Linda Johnson was driving her normal afternoon bus route, dropping students off after school. Sisters Danae and Sanna Claar, ages 13 and 16 respectively, were on her bus. That afternoon Johnson overshot the Claars' normal afternoon bus stop. The exact point at which the...

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