Today's Opinions: Reporting child abuse and relocating a grain elevator
Beggs v. Dep't of Soc. & Health Servs., No. 84098-9. The State of Washington, through the Department of Social and Health Services, paid Carole DeLeon more than $270,000 over five years to house and then adopt Tyler DeLeon. Carole tortured and starved Tyler until, at seven-years old, he died. (Carole spent three years in prison.) Representatives of Tyler's estate and his siblings filed wrongful death claims against multiple parties, including two of Tyler's physicians and a medical clinic. These parties were granted partial summary judgment on the grounds that Tyler's siblings were not dependent on him as required by RCW 4.20.020 and that any liability under the mandatory reporting statute is superseded by the state's medical malpractice laws.
The Court accepted certification from the Court of Appeals on those questions. Today, the Court upholds the partial summary judgment because Tyler's siblings were not dependent on him, but rejects the claim that the medical malpractice laws shield medical personnel from liability for failure to report child abuse. Justice Sanders, sitting pro tem., wrote for the majority. Justice Alexander dissents in part; he would find no implied cause of action in the reporting statute but would find that failure to report constitutes medical malpractice. Justice Wiggins did not participate. (briefs, argument)
Union Elevator & Warehouse Co. v. Dep't of Transp., No. 83771-6. In 
1996, Union Elevator filed an inverse condemnation claim for damages caused when its grain elevator facility was rendered inaccessible due to the state Department of Transportation's reconstruction of SR 395. Five years later, Union Elevator won at trial and applied for relocation assistance as permitted by RCW 8.26. The DOT refused, but was finally ordered to pay the compensation in 2008. Union Elevator requested seven years of interest, which is the issue before the Court.
The Court today unanimously holds that the state has not waived its sovereign immunity against liability for interest on relocation payments and thus denies Union Elevator's request. (briefs, argument)
