(DOWNLOAD) "Estate of Shinaul M." by Washington Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Estate of Shinaul M.
- Author : Washington Court of Appeals
- Release Date : January 19, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
A DSHS social worker recommended that Shinaul M., a 12-year-old developmentally disabled child, be placed at a group home for developmentally disabled children while he recovered from dental surgery. Shinauls guardians placed him at the foster home, where he was put in restraints that caused his death. Shinauls mother, individually and on behalf of Shinauls Estate (collectively "the Estate"), filed a complaint for damages against DSHS, contending that its social worker negligently recommended that Shinaul be placed at the foster home. DSHS moved for summary Judgement, contending that the Estate failed to establish legal causation as a matter of law. The trial court granted summary Judgement dismissal of the complaint, and the Estate appeals. The legal causation analysis depends upon mixed considerations of logic, common sense, Justice, policy, and precedent. Where a DSHS caseworker breaches his or her duty to a developmentally disabled child, and the breach of duty is a "but for" cause of the injury, the policy concern for the health, welfare, and safety of the child demands that DSHS not be absolved of liability for resulting foreseeable injuries to that child. Accordingly, the trial court erred by concluding that the Estate could not establish legal causation as a matter of law, and we reverse.
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