PLAINTIFFS' TRIAL BRIEF
filed with the SUPERIOR COURT, FRANKLIN COUNTY, WASHINGTON
Jan. 22nd 2003
HIGH, Plaintiffs, vs.
PASCO SCHOOL DISTRICT, Defendants.

TRIAL ISSUES - # 6

Are C. S. and J. R. H. liable for the intentional conduct of  Andrew S.?

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.)

RESPECTFULLY SUBMITTED this 22nd day of January, 2003.

RICHTER-WIMBERLEY, P.S.
By: Jay E. Leipham, WSBA # 4961
(Attorney for Brenda High)

 

TRIAL ISSUES http://www.jaredstory.com/trial_brief01.html http://www.jaredstory.com/trial_brief02.html http://www.jaredstory.com/trial_brief03.html http://www.jaredstory.com/trial_brief04.html http://www.jaredstory.com/trial_brief06.html http://www.jaredstory.com/trial_brief08.html http://www.jaredstory.com/trial_brief09.html http://www.jaredstory.com/trial_brief10.html http://www.jaredstory.com/trial_brief11.html

HIGH v. PASCO SCHOOL DISTRICT PLAINTIFFS' TRIAL BRIEF & FACTUAL BACKGROUND The Complaint for Damages THE SETTLEMENT The Rest of the Story The Assault Suicide - The Forseeable Consequences of Bullying Why the Pasco School District wouldn't help Jared   NEW in O7

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