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WARNER v. REGENT ASSISTED LIVING

No. 55576-6-I.

130 P.3d 865 (2006)

Morrissey WARNER, and Earlene Beham, as attorney-in-fact for Helen Mantooth, Appellants, and Margaret Warner, as personal representative of the Estate of Rosemary T. Warner, Mary Goehring, individually; Margaret Smith, individually; Patty Burnett, individually, Plaintiffs, v. REGENT ASSISTED LIVING, an Oregon corporation; Sterling Park, LLC, a Washington corporation; Emeritus Corporation, a Washington corporation, and Kevin Carlin and Jane Doe Carlin, a marital community, Respondents, and Daniel Lujan, Defendant.

Court of Appeals of Washington, Division 1.

March 20, 2006.

Attorney(s) appearing for the Case

Brian Clifford Armstrong, Elizabeth A. Dewing Cooper, Lory Ray Lybeck, Lybeck Murphy LLP, Mercer Island, WA, for Appellants.

Victoria N. Smith, Attorney at Law, Bellevue, WA, for Defendant/Respondents.

Pamela Marie Andrews, Johnson Andrews & Skinner PS, Seattle, WA, for Respondents.

AGID, J.

¶ 1 Two elderly adults were allegedly mistreated while residing at Sterling Park, a Regent Assisted Living facility (Sterling Park). The trial court granted Sterling Park's motion for summary judgment on Morrissey Warner's claim for neglect under the Vulnerable Adult Statute (VAS), Chapter 74.34 RCW. The VAS provides an independent cause of action for vulnerable adults who are neglected, as that term is defined in the statute. The standard of proof is...

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