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Torts Keyed to Prosser
Zellmer v. Zellmer
Citation:
164 Wash.2d 147, 188 P.3d 497Facts
Three-year-old Ashley McLellan was the stepdaughter of Mr. Zellmer. One day, Ashley stayed home sick instead of going to daycare. Since Ms. Zellmer had to work, Ashley was placed under the supervision of Mr. Zellmer. He started a video for Ashley in her bedroom while he built a fire downstairs. He realized an hour later that Ashley was no longer in her room. He saw that the sliding glass door leading to the backyard was open. He found Ashley in the swimming pool, pulled her out, and called 911. Ashley died two days later. Ms. Zellmer and Ashley’s biological father, Mr. McLellan, filed a suit against Mr. Zellmer for wrongful death. They alleged several causes of action against Mr. Zellmer, including negligent supervision. Mr. Zellmer moved for summary judgment, claiming that he was shielded from liability because he stood in loco parentis to Ashley. Ms. Zellmer disputed Mr. Zellmer’s characterization of his relationship as a parent to Ashley. The trial court granted summary judgment in favor of Mr. Zellmer, and the court of appeals affirmed. Ms. Zellmer and Mr. McLellan appealed.
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