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Schumacher v. Williams8/6/2001
Charles Schumacher (Schumacher) is the brother of Maria Schumacher (Maria), a disabled resident of an adult boarding home who died as a result of hot water burns suffered at the hands of another resident. Schumacher was not dependent on Maria for support and therefore is not a statutory beneficiary under the general provisions of our state's wrongful death or survival of action statutes. The survival of the new cause of action created by the Legislature in the abuse of vulnerable adults statute is similarly restricted in its reach. It does not survive for the benefit of siblings who are not dependent on the deceased for support. The provisions of the federal Rehabilitation Act of 1973 do not provide otherwise. Rather, the federal law looks to the state law with respect to survival of actions. The decision of the trial court dismissing Schumacher's action is affirmed.
FACTS
The Homestead was an adult boarding home located in Bellingham, Washington. It was privately owned and operated by John and Delores Williams. The facility was licensed by the Washington State Department of Health to operate as a boarding home. Maria, who had Downs Syndrome, was a resident of The Homestead from September 1982 through May 31, 1997, the date of the incident leading to her death.
On May 31, 1997, Maria sustained a severe hot water burn injury while taking a bath with the assistance of another resident. The facility failed to have staff members supervising the residents at the time of the incident. Maria died eight days later as a result of the burns.
As a result of the injuries to and the death of Maria, Schumacher filed an action as personal representative of Maria's estate, and individually, seeking recovery against the Williams, The Homestead, and the State. He based his claims upon the abuse of vulnerable adults statute, chapter 74.34 RCW; the Civil Rights Act, 42 U.S.C.A. sec. 1983 (1994); the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.A. sec. 12132 (1995); and the Rehabilitation Act of 1973 (Rehabilitation Act), 29 U.S.C.A. sec. 794 (1999). Schumacher originally sought to collect damages for himself individually, but abandoned his personal claims. Moreover, he does not dispute that he was not dependent on Maria, and that the estate did not have economic losses.
The Williams, The Homestead, and the State filed motions for summary judgment seeking dismissal of the claims. Summary judgment was granted against the estate on all claims. The trial court held that the estate had no recognized statutory beneficiaries under Washington's wrongful death and survival of action statutes, which precluded recovery for the estate and Schumacher individually.
Schumacher, as personal representative of his sister's estate, appeals the dismissal of the claims under the abuse of vulnerable adults statute, RCW 74.34.210, and sec. 504 of the Rehabilitation Act.
DISCUSSION
At common law, no cause of action survived the death of an individual, nor was there a right of recovery for wrongful death. The Legislature passed statutes in Washington governing wrongful death and survival actions in certain circumstances. Wrongful death actions in Washington are strictly statutory. Liberal construction of wrongful death statutes is appropriate only after the proper beneficiaries have been determined.
RCW 4.20.010 creates a right of action by the personal representative when a person's death is caused by a wrongful act, neglect, or default of another. However, only certain persons may maintain the wrongful death action. RCW 4.20.020 provides in pertinent part:
Every such action shall be for the
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