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OSBORN v. MASON COUNTY

No. 76101-9.

134 P.3d 197 (2006)

157 Wash.2d 18

John OSBORN, individually, and as the Personal Representative of Jennie Mae Osborn, Deceased, and Kandi Osborn, individually, Respondent, v. MASON COUNTY, a municipality, and State of Washington, Department of Corrections; Joseph Rosenow and "Jane Doe Rosenow," husband and wife, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 18, 2006.

Attorney(s) appearing for the Case

Charles Philip Edward Leitch, Michael Alexander Patterson, Lee Smart Cook et al, Seattle, for Petitioner.

Stephen Louis Bulzomi, John Louis Messina, Messina/Bulzomi, Tacoma, Kenneth Wendell Masters, Wiggins & Masters PLLC, Bainbridge Island, for Respondent.

Daniel Brian Heid, City of Auburn, Auburn, for Amicus Curiae Ass'n of Wash. Cities and Wash. State Ass'n of Municipal Attorneys.

Sara Lyle Ainsworth, Northwest Women's Law Center, Brian D. Buckley, Anthony Todaro, DLA Piper Rudnick Gray Cary US LLP, Seattle, for Amicus Curiae Northwest Women's Law Center.

Dennis Hunter, Vancouver, Bertha Baranko Fitzer, Pierce County Prosecutors Office, Tacoma, for Amicus Curiae Wash. Ass'n of Prosecuting Attorneys, Wash. Ass'n of Sheriff & Police Chiefs and Wash. State Ass'n of Counties.

Debra Leigh Williams Stephens, Bryan Patrick Harnetiaux, Spokane, for Amicus Curiae Wash. State Trial Lawyers Ass'n.

SANDERS, J.

¶ 1 On February 24, 2001, registered sex offender Joseph Rosenow raped and murdered Jennie Mae Osborn. Osborn's parents sued Mason County for failing to warn them of Rosenow's presence. The superior court denied Mason County's motion for summary judgment. The Court of Appeals, Division Two, affirmed the superior court, holding Mason County had a duty to warn the Osborns of Rosenow's presence under the rescue doctrine. We hold that Mason County had...

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