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Estate Of Ashley Jones v. State12/26/2000
operated by Second Chance, a nonprofit corporation that contracted with the JRA to provide housing, supervision, and treatment of juvenile offenders who were assigned to community placement. After two weeks at Diamond Home, Dodge consumed a prescription Tylenol with codeine pill that he obtained from another resident. This was done in violation of Second Chance policies. Dodge was therefore temporarily returned to Indian Ridge to impress upon him the need for compliance with the community placement program rules.
After 12 days, the State relocated Dodge to Larch Way Lodge, another group home facility operated by Second Chance. Through Larch Way Lodge, Dodge began working at a United Furniture Warehouse store. In the course of a random room search, counselors at Larch Way Lodge discovered an empty cigarette carton and a cellophane wrapper with suspected marijuana flakes in Dodge's room. Counselors were also aware that Dodge had discussed the ease of a possible escape. Pending a urinalysis, Dodge was placed on restricted status, which suspended his privileges, but allowed him to go to work.
Dodge was concerned about being returned to Indian Ridge. On September 19, 1997, through deception, Dodge left work without permission and without escort, and escaped from community placement. He took a bus to Smokey Point where he spent the next two days with friends. On the evening of September 20, Dodge became intoxicated and passed out on a sofa outside his friend's apartment. When he awakened, he wandered for several hours checking houses for easy entry with the intent to steal.
In the early morning hours of September 21, Dodge entered the Alumbaugh neighborhood in Stanwood. Finding an open sliding glass door, he entered the Alumbaugh home where 12-year-old Ashley Jones was baby-sitting. He clubbed her with a stick, knocking her unconscious, dragged her body within the house, and raped her. She died from these wounds, which resulted in Dodge's conviction for murder.
The family and estate of Ashley Jones and the Alumbaugh family (hereinafter referred to as the Estate) brought suit against the State of Washington, Island County, Second Chance, a Washington nonprofit corporation, d/b/a Larch Way Lodge, and United Furniture Warehouse, Inc. for negligent supervision of Dodge resulting in wrongful death and emotional distress.
On summary judgment the trial court dismissed the claims against the defendants. This appeal followed.
DISCUSSION
The usual standard of review applies. The burden is on the plaintiff to establish specific and material facts that would support a prima facie case on each element of the claim.
In an action for negligence, the plaintiff must prove four basic elements: (1) the existence of a duty on the part of the defendants toward the plaintiff; (2) a breach of that duty by the defendants; (3) a resulting injury to the plaintiff, (4) that was proximately caused by the breach. The existence of a duty is a question of law. While breach and proximate cause are generally questions for the trier of fact, they may be determined as a matter of law where reasonable minds could not differ about them.
Generally there is no duty to prevent a third party from causing harm to another, but an exception may exist where a party takes charge of a third person and should know that the third party is likely to cause harm to another if not controlled. The duty exists where there is a SQSdefinite, established and continuing relationship between the defendant and the third party.''' The duty exists only when the defendant lacks immunity. A series of cases in the past decade has significantly affected this area of the
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