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Estate Of Ashley Jones v. State12/26/2000
ty does not cover negligent supervision as a matter of binding precedent.
The State relies primarily on Evangelical United Brethren Church of Adna v. State and on Eldredge v. Kamp Kachess Youth Services, Inc. wherein the court relied upon Evangelical United Brethren Church. But in Taggart, the court recognized that the doctrine of discretionary immunity as expressed in Evangelical United Brethren Church had been significantly narrowed by later decisions. Thus, the State relies on law that has been expressly identified as outdated.
All three defendant parties claim they are not liable because Dodge's actions were not foreseeable. 'Ordinarily, foreseeability is a question of fact for the jury unless the circumstances of the injury 'are so highly extraordinary or improbable as to be wholly beyond the range of expectability.''
The escape and subsequent rape and murder of Ashley Jones by a person convicted of burglary are not wholly beyond the range of expectability. In Hertog v. City of Seattle, the court held it could be foreseeable that a supervised individual would commit rape where that individual had been convicted of exposure and was later charged but not yet convicted for a sexually motivated burglary. This court cannot say that Dodge's actions were so highly extraordinary or improbable as to be wholly beyond the range of expectability where Dodge had four burglary convictions and Dodge committed the rape and murder in the course of another burglary. The question of foreseeability is therefore a matter for the jury.
Summary judgment was improper. We reverse.
WE CONCUR:
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