The following are the issues to be decided by this court or tried to the jury::

  • Has the District wrongfully destroyed evidenceof Andrew S’ prior conduct and its knowledge of that conduct? [This issue is the subject of a separate pre-trial motion and brief, and will not be further addressed here.]  (The District abused the discovery process and wrongfully withheld production of a pertinent District Policy and Procedure, relating to the creation and retention of student discipline records, # 3600 and #3600P)
  • Did Andrew S. commit the intentional tort of assault of Jared High on May 6, 1998?
C. S. and J. R. H. are liable for the intentional conduct of Andrew S.
Under the doctrine of negligent supervision, parents are liable for the intentional torts of their minor children when: (1) the child has a dangerous proclivity; (2) the parents know of the child's dangerous proclivity; and (3) they fail to exercise reasonable care in controlling that proclivity. Barrett v. Pacheco, 62 Wn. App. 717, 815 P.2d 834 (1991); Norton v. Payne, 154 Wash. 241, 244-45, 281 P. 991 (1929); Eldredge v. Kamp Kachess Youth Servs., Inc., 90 Wn.2d 402, 408, 583 P.2d 626 (1978); Carey v. Reeve, 56 Wn. App. 18, 22, 781 P.2d 904 (1989).

 This liability is not limited to the statutory liability of a parent for a child’s wilful torts, where the parents themselves are found negligent.  RCW  4.24.190,  Action against parent for willful injury to person or property by minor--Monetary limitation--Common law liability preserved provides:

The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars.  This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence.
(Emphasis supplied.)
  • Was the negligence and intentional conduct of the defendants a proximate cause of Jared High’s development of a major depressive psychological condition which gave rise to an irresistible impulse to kill himself?

Plaintiffs will show that the defendant District and defendants S. and H. were negligent in their supervision and discipline of Andrew S., and that the District negligently investigated the assault and wrongfully punished equally the perpetrator and the victim.  It is clear that Andrew S. assaulted Jared High.  The evidence will indicate that these physical and psychological traumas caused this vulnerable child to develop a major depressive condition which gave rise to an irresistible impulse to kill himself.

His parents are entitled to recover damages against the defendants for the expenses associated with Jared’s injury treatment and death, and their loss of the love and companionship of their son, their grief and mental anguish and the loss of their relationship with Jared High.

RESPECTFULLY SUBMITTED this 22nd day of January, 2003.

By: Jay E. Leipham, WSBA # 4961
(Attorney for Brenda High)

HEAR JARED'S VOICE - PLAY - From an interview with Pasco School District investagators concerning the assault.  This is a recording of a recording and it isn't real clear, but worth the download effort.  Jared had a real mellow voice.   Note: If you have a slow load wav, wait for it to load entirely and then play again from the start.   5 minutes long




The Lawsuit


The Complaint for Damages
The Rest of the Story
The Assault
Suicide - The Forseeable Consequences of Bullying
Why the Pasco School District wouldn't help Jared

Court Case about Videos on a bus & bullying

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