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SOTER v. COWLES PUB. CO.

No. 78574-1.

174 P.3d 60 (2007)

Cody SOTER, a minor child; Francis Soter and Glenda Carr, individually, and as parents of Cody Soter; the Estate of Nathan Walters, a deceased minor child; Rick Walters and Teresa Walters, individually, and as parents of Nathan Walters, a deceased minor child, Plaintiffs, Spokane School District No. 81, a Washington Municipal Corporation, Respondent, v. COWLES PUBLISHING COMPANY, a Washington corporation, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 27, 2007.

Attorney(s) appearing for the Case

Duane Michael Swinton, Spokane, WA, Tracy N. Leroy, Baker Botts LLP, Houston, TX, for Petitioner.

Paul Eric Clay, John Alfred Manix, Stevens Clay & Manix PS, Brian E. Kistler, Spokane, WA, for Respondent.

Milton G. Rowland, Foster Pepper PLLC, Spokane, WA, Daniel Brian Heid, City of Auburn, Auburn, WA, Amicus Curiae on behalf of Washington State Association of Municipal Attorneys.

Michele Lynn Earl-Hubbard, Allied Law Group, LLC, Minh P. Ngo, Davis Wright Tremaine LLP, Seattle, WA, Amicus Curiae on behalf of Washington Coalition for Open Government.

Grace Tsuang Yuan, Denise L. Stiffarm, Laura Kristine Clinton, Kirkpatrick & Lockhart Preston Gates Ell, Seattle, WA, Amicus Curiae on behalf of Washington Schools Risk Management Pool, The Washington Association of School Administrators, The Washington Council of School Attorneys, The Southwest Washington Risk Management Insurance Cooperative, The Washington Governmental Entity Pool.

Michele Lynn Earl-Hubbard, Allied Law Group, LLC, Seattle, WA, Amicus Curiae on behalf of Allied Daily Newspapers of Washington, Washington Newspaper Publishers Association.

BRIDGE, J.

¶ 1 Nine-year-old Nathan Walters died after ingesting part of a peanut butter cookie, which was served to him in a school lunch on a school field trip. The school district had been aware that Nathan was severely allergic to peanuts, but it did not provide him with a special lunch, nor did school personnel administer epinephrine soon enough to prevent his death. The school district undertook an investigation, Nathan's parents gave notice of their intention...

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