Munich v. SKAGIT EMERG. COMMUNICATIONS CTR.

250 P.3d 491
CourtCourt of Appeals of Washington
DecidedApril 11, 2011
Docket64644-3-I, 64646-0-I
StatusPublished
Cited by3 cases

This text of 250 P.3d 491 (Munich v. SKAGIT EMERG. COMMUNICATIONS CTR.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Munich v. SKAGIT EMERG. COMMUNICATIONS CTR., 250 P.3d 491 (Wash. Ct. App. 2011).

Opinion

250 P.3d 491 (2011)

Gave Diana MUNICH, as Personal Representative for the Estate of William R. Munich, Respondent,
v.
SKAGIT EMERGENCY COMMUNICATIONS CENTER d/b/a Skagit 911, Skagit County, and Skagit County Sheriff's Office, Petitioners.

Nos. 64644-3-I, 64646-0-I.

Court of Appeals of Washington, Division 1.

April 11, 2011.

*492 Duncan Fobes, Rhianna Fronapfel, Patterson Buchanan Fobes Leitch & Kalzer, Shannon Ragonesi, Mark Bucklin, Keating Bucklin & McCormack Inc. PS, Seattle, WA, Paul Reilly, Attorney at Law, Anacortes, WA, for Appellants.

Ray Kahler, Stritmatter Kessler Whelan Coluccio, Hoquiam, WA, Kevin Coluccio, Paul Whelan, Stritmatter Kessler Whelan Coluccio, Seattle, WA, for Respondent.

SPEARMAN, J.

¶ 1 We are asked to decide on discretionary review whether, in order to satisfy the special relationship exception to the public duty doctrine, the Estate of William Munich must show that Munich received an express assurance from Skagit County that was false or inaccurate.[1] We hold that the Estate does not need to prove that the assurance was false or inaccurate, and affirm.

FACTS

¶ 2 On October 1, 2005, William Munich flew his plane to property that he and his wife, Gaye, owned in rural Skagit County. The only building on their property was a garage. At 5:57 p.m., Munich called his friend Bruce Heiner to tell him that a neighbor, Marvin Ballsmider, had just fired a shot at him. Heiner told Munich to call 911. At 6:00 p.m., according to the computer-aided dispatch (CAD) record, Munich called 911 and reported that a guy had pointed a rifle at him and "then he shot."[2] Munich said that Ballsmider "was aiming it directly" at him, from about 25 feet away. He reported that he was "rattled" and that Ballsmider was "an alcoholic." At 6:01 p.m., the 911 operator, Norma Smith, informed the Skagit County Sheriff's Office (SCSO) of the incident by entering a notation into the CAD system: "rps neighbor just pointed a rifle at him— fired one shot." She entered the call as a priority two weapons offense. Meanwhile, Skagit 911 dispatcher Wes Norton dispatched SCSO deputy Dan Luvera to the call. Luvera began to drive from La Conner to Munich's property. At 6:02 p.m., the following exchange took place between Munich and Smith:

Smith: Ok, my partners already got . . . my partners already got a deputy that's headed towards you.
Munich: Ok, thank you[.]
Smith: Ok, so are you going to wait, you're going to wait there for contact?
Munich: Oh yeah, definitely[.]
Smith: Ok, did the, when the guy with the gun left, did he leave on foot or in a vehicle[.]
Munich: No, he lives right there, I know him, I mean he's standing right there right on the fence line
Smith: He's still standing there on the fence line?
Munich: I can't see him from here[.]
Smith: Ok. Are you in a house? Are you someplace safe?
Munich: I'm in my . . . I'm in my garage right now[.]
Smith: Ok, is there a house on that property or is there just a garage there?
Munich: There's just a garage, we're just in the process of building a . . ., we just finished the garage and now we're trying a house
Smith: Ok, you're going to wait there at the garage for contact then?
Munich: Yeah, I have a cable across the driveway so . . .
Smith: Ok, all righty, there's already a deputy that's enroute to you, ok?
Munich: Ok thank you[.]
*493 Smith: All righty, thank you, bye bye.

The call terminated at 6:03 p.m. At 6:04 p.m.,[3] according to his cell phone records, Munich called Heiner again. During this call, Munich told Heiner he was running down the road and that the "crazy bastard" still had his gun. Heiner told Munich to stop someone on the road and get out of the area, but Munich said cars were coming quickly and would not stop. Heiner heard gunshots. Munich said Ballsmider was at the top of the driveway and was reloading his gun. At 6:10 p.m., after hanging up with Heiner, Munich called 911. He told the 911 operator that Ballsmider, while driving a green station wagon, was chasing him up the road and shooting at him with a rifle. Munich told the operator his location and described Ballsmider's appearance. At 6:15 p.m., while Munich was still on the phone with the 911 operator, Ballsmider drove toward him and shot him through the car's open window. Munich died from his wounds. Luvera arrived on the scene at 6:18 p.m., approximately two minutes after the shooting, and arrested Ballsmider for Munich's murder. Luvera's arrival was approximately 18 minutes after Munich first called 911.

¶ 3 Munich's estate (the Estate) sued Skagit County, the Skagit County Sheriff's Office, and Skagit Emergency Communications Center (jointly, the County) for negligence in responding to the incident. The County brought a motion for summary judgment dismissal of the Estate's claims, arguing that under the public duty doctrine, it owed no legal duty to Munich. The County argued that the "special relationship" exception to the public duty doctrine did not apply because there was no express assurance of police assistance by the 911 operator and Munich did not rely on any express assurance to his detriment. It also argued that the Estate had to show that any express assurance was false or inaccurate. The trial court, granting summary judgment in part and denying it in part, ruled that a genuine issue of material fact existed on the issues of whether an express assurance was sought and given and whether Munich detrimentally relied on any such assurance.[4] It rejected the County's argument that Washington law requires a plaintiff to prove that an express assurance was false or inaccurate to give rise to a duty of care. The trial court certified its order. Skagit 911 and Skagit County sought discretionary review, which we granted on the narrow issue of whether the express assurance requirement of the special relationship exception requires a false or inaccurate assurance.

DISCUSSION

¶ 4 We examine issues of law de novo. State v. McCormack, 117 Wash.2d 141, 143, 812 P.2d 483 (1991). The County argues that under Washington law, the Estate is required to prove that any express assurance given by the 911 operator was false or inaccurate. The Estate, on the other hand, contends that it need only prove that an express assurance was given. We agree with the Estate and hold that where, as here, the alleged express assurance involves a promise of future action, a plaintiff is not required to prove that the express assurance was false or inaccurate to establish the existence of a special relationship.

¶ 5 Under the public duty doctrine, a plaintiff alleging negligence against a government entity must show that a duty was owed specifically to the plaintiff, not to the public in general. Taylor v. Stevens County, 111 Wash.2d 159, 759 P.2d 447 (1988) (citing J & B Dev. Co. v. King County, 100 Wash.2d 299, 304, 669 P.2d 468 (1983)). Whether a duty exists is a question of law. Osborn v. Mason County,

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Related

Munich v. Skagit Emergency Communications Center
288 P.3d 328 (Washington Supreme Court, 2012)
Washburn v. City of Federal Way
283 P.3d 567 (Court of Appeals of Washington, 2012)

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Bluebook (online)
250 P.3d 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munich-v-skagit-emerg-communications-ctr-washctapp-2011.