This case law update has brought to you by Freeway Law, personal injury and motor vehicle crash lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information below is for informational purposes only and not to be construed as legal advice.
Court: Washington Supreme Court
Docket: 98280-5
Opinion Date: March 4, 2021
Judge: Johnson
Areas of Law: Civil Procedure, Education Law, Personal Injury
Gabriel Anderson, a student of the Ferndale School District (Ferndale), was killed by a vehicle while on an off-campus walk with his physical education (PE) class. Anderson’s estate alleged negligence by Ferndale. The trial court dismissed the claim, granting Ferndale summary judgment based on a lack of duty. The Court of Appeals reversed, determining that there were sufficient factual issues on duty and proximate causation. Ferndale challenged the Court of Appeals’ analysis of proximate cause. The issue presented for the Washington Supreme Court’s review was whether Ferndale was entitled to summary judgment dismissal based on proximate causation. While the Court of Appeals erred in analyzing legal causation, the Supreme Court found it properly concluded that material issues of fact existed concerning proximate causation. The Supreme Court, therefore, affirmed the Court of Appeals’ decision to reverse summary judgment dismissal of the negligence claim against Ferndale.
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