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KOK v. TACOMA SCHOOL DIST. NO. 10

No. 44517-4-II.

317 P.3d 481 (2013)

Rith KOK, individually and as administrator of the Estate of Samnang Kok, deceased; Makai Johnson-Kok, individually and as a beneficiary of the Estate of Samnang Kok; Rorth Kok, individually and as a beneficiary of the Estate of Samnang Kok; Ry Sou Kok, individually and as a beneficiary of the Estate of Samnang Kok; Kosal Kok, individually and as a beneficiary of the Estate of Samnang Kok; and Lisa Kok, individually and as a beneficiary of the Estate of Samnang Kok; Appellants, v. TACOMA SCHOOL DISTRICT NO. 10, a Municipal Entity under the Laws of the State of Washington; and Douglas Sengsabong Chanthabouly and "Jane Doe" Chanthabouly, individually and the marital community composed thereof; Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered January 22, 2014.

Attorney(s) appearing for the Case

Paul Alexander Lindenmuth , Benjamin Franklin Barcus , Ben F. Barcus & Associates PLLC, Tacoma, WA, for Appellants.

Michael Alexander Patterson , Charles Philip Edwar Leitch , Sarah E. Heineman , Patterson Buchanan Fobes & Leitch, Seattle, WA, for Respondents.

Igor Lukashin (Appearing Pro Se), Olympia, WA, for Other Parties.

Panel: PENOYAR, JOHANSON and BJORGEN, JJ.

PENOYAR, J.

¶ 1 The estate of Samnang Kok (Estate) sued the Tacoma School District (District) for negligence after Douglas Chanthabouly shot Kok in the hallway at Foss High School. To prevail in its negligence action, the Estate had the burden to show that the District had some reason to believe Chanthabouly might be dangerous. The trial court granted summary judgment for the District, finding that Chanthabouly's actions were not foreseeable. The Estate appeals...

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