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MUNICH v. SKAGIT EMERGENCY COMMUNICATION

No. 85984-1.

288 P.3d 328 (2012)

175 Wn.2d 871

Gaye Diana MUNICH, as personal representative for the Estate of William R. Munich, Respondent, v. SKAGIT EMERGENCY COMMUNICATION CENTER d/b/a Skagit 911; Skagit County; and Skagit County Sheriff's Office, Petitioners.

Supreme Court of Washington, En Banc.

Decided November 1, 2012.

Attorney(s) appearing for the Case

Shannon Mary Ragonesi , Mark Richard Bucklin , Keating Bucklin & McCormack, Rhianna Marie Fronapfel , Bennett Bigelow & Leedom, P.S., Duncan K. Fobes , Patterson Buchanan Fobes Leitch & Kalzer, Seattle, WA, for Petitioners.

Ray W. Kahler , Stritmatter Kessler Whelan Coluccio, Hoquiam, WA, Kevin Coluccio , Paul W. Whelan , Stritmatter Kessler Whelan Coluccio, Seattle, WA, for Respondent.

George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, amicus counsel for Washington State Association for Justice Foundation.

Richard Steven Puz , Jennifer Smith Meyer , Office of the Attorney General, Olympia, WA, amicus counsel for Washington State Patrol.

FAIRHURST, J.

¶ 1 This case involves the special relationship exception to the public duty doctrine. One of the elements necessary to satisfy the special relationship exception requires an express assurance by the defendant. The plaintiff in this case alleges a 911 operator negligently responded to an emergency call by coding (or prioritizing) it incorrectly, thereby causing a delayed response. The operator correctly informed the caller help was on the way, though...

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