Cummins v. Lewis County, 156 Wash. 2d 844

Summary

The Washington Supreme Court held that no actionable special relationship arose between Lewis County and a 911 caller who identified a medical emergency and an address but hung up before receiving an express assurance that assistance would be dispatched. Applying the public duty doctrine, the court affirmed summary judgment dismissing the wrongful death action because the requirements of privity, express assurance, and justifiable reliance were not established. Justice Chambers concurred in the result but criticized the continued application of the public duty doctrine.

Holdings

1. No actionable special relationship was created because the caller did not establish the required communication and did not receive an express assurance of assistance on which he could justifiably rely.
2. The court declined to eliminate or relax the express-assurance requirement for 911 calls involving medical emergencies.
3. The record did not establish an actionable statutory duty to dispatch medical aid under the circumstances.

Questions Presented

1. Whether the 911 call created an actionable special relationship between Leon Cummins and Lewis County under Washington's public duty doctrine.
2. Whether a caller's placement of a 911 call identifying a medical emergency and an address, without a continuing dialogue or an express assurance of assistance, establishes the privity and express-assurance elements of the special relationship exception.
3. Whether the express-assurance requirement should be eliminated or relaxed for 911 calls seeking emergency medical assistance.
4. Whether summary judgment dismissing the wrongful death negligence action was proper.

Disposition

affirmed