Facts: Petitioner Kent Ducote filed suit against the respondent Department of Social and Health Services, asserting that it had been negligent in its investigation of allegations of child molestation made against Ducote by his stepdaughter, allegations that had resulted in Ducote temporarily being barred from his home and from contact with his stepchildren and which were ultimately determined to lack any basis in evidence. The trial court granted summary judgment for the Department of Social and Health Services, ruling that, as a stepparent, Ducote was not a member of the class of persons to whom the Department of Social and Health Services owed a duty of care under Washington Revised Code §26.44.010 and that a cause of action for negligent investigation does not exist under common law. The Washington Court of Appeals affirmed the trial court’s decision. Ducote appealed this decision to the Supreme Court of Washington.
Question(s): May a stepparent bring a claim for negligent investigation under either common law or §26.44.010?
Conclusion: Justice Fairhurst’s opinion for the Court concluded that the class of persons protected by §26.44.010, and therefore able to bring claims for negligent investigation, is limited to parents and guardians and children themselves and does not include stepparents and that no right to bring such a claim exists under common law. Thus, the Court affirmed the decision of the Washington Court of Appeals.
Docket No. 81714-6 (from Court of Appeals Division I Case No. 59275-1)
Petitioner: Kent Ducote
(Counsel: Catherine Wright Smith and Howard Mark Goodfriend)
Respondent: Department of Social and Health Services
(Counsel: Catherine Hendricks and Michael Patrick Lynch)
Briefs:
- Answer to Petition for Review
- Answer to Waspc Amicus
- Appellant Brief
- Petition for Review
- Reply
- Respondent Brief
- Respondent WA Statement of Additional Authority
- Respondents Supplemental Statement of Authority Received 6-9-09
- Statement of Supplemental Authority
- Supplemental Brief of Petitioner
- Supplemental Brief of Respondent
- Waspc Amicus
Argument: Thursday, May 28, 2009 1:30pm
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, December 17th, 2009
Prevailing Party: Department of Social and Health Services (Respondent)
Vote: 6-3
Citation: Pending
Court: Alexander4 Court (2008-2009)
Seinfeld
(Pro Tem)
Johnson
Madsen
Sanders
Chambers
(Dissent)
Owens
Fairhurst
(Majority)
Johnson
Stephens
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.