CUMMINS v. LEWIS COUNTY

No. 76249-0.

133 P.3d 458 (2006)

156 Wash.2d 844

Mary A. CUMMINS, individually, and as Personal Representative of the Estate of Leon V. Cummins, deceased, Petitioner, v. LEWIS COUNTY, a municipality, Respondent, City of Centralia, a municipality; Qwest Corporation, formerly doing business as U.S. West Communications, a foreign corporation; Northern Telecom Meridian Systems, Inc., a Washington corporation; Northern Telecom International, Inc., a Washington corporation; Plant Equipment, Inc., a foreign corporation; Informer Computer Systems, Inc., a foreign corporation; SCC Communications Corp., a foreign corporation; Christopher Bird, a minor; S. Paula Bird, and "John Doe" Bird, husband and wife, individually and their marital community; and John Does 1-5, Defendants.

Supreme Court of Washington, En Banc.

Decided May 4, 2006.


Attorney(s) appearing for the Case

Terry E. Lumsden, Law Offices of Terry E. Lumsden, Tacoma, Devin T. Theriot-Orr, Howard Mark Goodfriend, Edwards Sieh Smith & Goodfriend PS, Seattle, for Petitioner/Appellant.

Melanie T. Stella, Robert William Novasky, Burgess Fitzer PS, Tacoma, for Appellee/Respondent.


ALEXANDER, C.J.

¶1 The question presented in this case is whether, under the public duty doctrine, an actionable "special relationship" is created between a member of the public and a government entity when an individual places a "911 call," identifies the nature of his medical emergency, provides a street address but not his name, and "hangs up" prior to either requesting help or receiving an oral assurance from the operator that medical aid will be dispatched...

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