PLAINTIFFS' TRIAL BRIEF
filed with the SUPERIOR COURT, FRANKLIN COUNTY, WASHINGTON
Jan. 22nd 2003
HIGH, Plaintiffs, vs.
PASCO SCHOOL DISTRICT, Defendants.
TRIAL ISSUES - # 10
Is intentional conduct of Andrew
S. or Jared High “fault” to be allocated?
Intentional conduct by Andrew S. or Jared High is not “fault”
for purposes of allocation under R.C.W. 4.22.070.
The defendants may argue, however, that intentional conduct of Andrew S.
or Jared High should be considered by the jury for purposes of fault allocation
under R.C.W. 4.22.070. It is clear that such allocation or comparison
would be improper. That was decided in Welch v. Southland Corp.,
134 Wn.2d 629, 952 P.2d 162 (1998), where a 7-11 customer sued the owner
of the chain for injuries received when he was shot during a robbery at
a 7-11. In reversing the trial court’s denial of the plaintiff’s
motion for summary judgment on the issue, the Supreme Court held:
Intentional acts are not included in the statutory definition
of "fault," and a defendant is not entitled to apportion liability to an
intentional tortfeasor. See RCW 4.22.015.
Welch, at 630.
The court’s analysis was straightforward and succinct :
We hold RCW 4.22.015 and RCW 4.22.070, in the context here,
are not ambiguous. The plain language of both statutes evidences a legislative
intent that liability not be apportioned to intentional tortfeasors. RCW
4.22.070 provides for apportionment of liability "[i]n all actions involving
fault of more than one entity. . . ." (Emphasis added.) RCW 4.22.015, in
turn, defines fault as "acts or omissions . . . that are in any measure
negligent or reckless toward the person or property of the actor or others.
. . ." (Emphasis added.) As Welch correctly asserts, the statutory definition
of fault does not include intentional acts or omissions. Thus, we conclude,
from the plain language of RCW 4.22.015, the Legislature did not intend
an entity who commits an intentional tort be considered at fault for purposes
of RCW 4.22.070.
Welch, at 634.
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 investigators 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
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
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