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.
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
RESPECTFULLY SUBMITTED this 22nd day of January, 2003.
By: Jay E. Leipham, WSBA # 4961
(Attorney for Brenda High)
HIGH v. PASCO SCHOOL DISTRICT
TRIAL BRIEF & FACTUAL BACKGROUND
Complaint for Damages
Rest of the Story
- The Forseeable Consequences of Bullying
the Pasco School District wouldn't help Jared
Court Case about Videos
on a bus & bullying