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JOYCE v. STATE, DEPT. OF CORRECTIONS

No. 74176-0.

119 P.3d 825 (2005)

Stephen JOYCE, individually, and as the Personal Representative of the Estate of Paula Joyce, and as Guardian for the Estate of Paula Joyce, and as Guardian for the Estates of Marie Therese Joyce, a minor, Thomas Joyce, a minor, Katherine Joyce, a minor, and Joseph Joyce, a minor, Respondents, v. STATE of Washington, DEPARTMENT OF CORRECTIONS; and Vernon Valdez Stewart, a single man, Petitioners.

Supreme Court of Washington, En Banc.

Decided September 15, 2005.

Attorney(s) appearing for the Case

Michael E. Tardif, Michael Patrick Lynch, Glen Andrew Anderson, Olympia, WA, for Petitioners.

John Robert Connelly, Darrell L. Cochran, Gordon, Thomas, Honeywell, et al, Tacoma, WA, for Respondents.

Daniel Brian Heid, Auburn, WA, for Amicus Curiae Washington Association of Municipal Attorneys.

Ronald Lamar Williams, Bertha Baranko Fitzer, Pierce County Pros. Office, Tacoma, WA, for Amicus Curiae Washington Association of Prosecuting Attorneys.

Stewart Andrew Estes, Keating, Bucklin & McCormack, Seattle, WA, for Amicus Curiae Washington Cities Insurance Authority.

Debra Leigh Williams Stephens, Bryan Patrick Harnetiaux, Spokane, WA, for Amicus Curiae Washington State Trial Lawyers Association Foundation.

CHAMBERS, J.

¶ 1 Washington State waived sovereign immunity more than 40 years ago. RCW 4.92.090. Implicitly, this waiver functions as a promise that the State and its agents will use reasonable care while performing its duties at the risk of incurring liability. See, e.g., Keller v. City of Spokane, 146 Wn.2d 237, 243, 44 P.3d 845 (2002).

¶ 2 The Washington State Department of Corrections (Department or State...

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