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The County appeals the trial court's denial of its summary judgment motion, contending that the sex offender notification statute then in effect authorized, but did not require, notification, and that in any case, it is immune from suit under the notification statute or shielded from liability by the public duty doctrine.
Although the trial court did not explicitly mention the rescue doctrine in denying summary judgment, we affirm the trial court's denial on that basis and remand for trial.
Shelton High School vice principal Rick Wells's declaration establishes that the high school had not received a sex offender notification regarding Rosenow and that Rosenow had even taken his car in for repairs at the high school's auto shop.
The high school posts sex offender notifications it receives from the Sheriff's Department on a bulletin board.
In the 1999 incident, he choked a young woman with whom he had previously had consensual sex until she was unconscious and displayed a knife to her.ANALYSISStandard of Review When reviewing an order of summary judgment, we engage in the same inquiry as the trial court. Steinbach, 98 Wash.2d 434, 437, 656 P.2d 1030 (1982). Mac Pherson (or anyone else), causing him to refrain from action on appellants' behalf he otherwise would have taken, the State is answerable for any damage caused by that misimpression. For example, the Brown court upheld a claim of individual cabin owners based on a State agent (1) having led an avalanche expert to believe that he would pass on the expert's warning and (2) having led the developer to believe erroneously that no avalanche danger existed. Here, as in Brown, all that is required for a plaintiff to assert a claim under the rescue doctrine is that an actor who, having undertaken to render aid to plaintiffs, “increase[d] the risk of harm” to the plaintiffs through his or her negligent acts.
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