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Gadd v. State12/31/1997
Washington Court of Appeals
No. 20330-8-II
1997.WA.42329
December 31, 1997
GREGORY L. GADD, INDIVIDUALLY, RICHARD VROMAN AS GUARDIAN AD LITEM FOR DIANE GANGE RANDEL, DOUGLAS A. RANDEL AND LAURINA RANDEL. APPELLANTS/CROSSRESPONDENTS,
v.
STATE OF WASHINGTON, THE CITY OF CENTRALIA, JOINTLY AND SEVERALLY, RESPONDENTS, AND JACK D. GRIGSBY, JR., DEFENDANT, AND STATE OF WASHINGTON, CROSS-APPELLANT.
Source of Appeal: Appeal from Superior Court of Thurston County Docket No: 94-2-01181-0 Judgment or order under review Date filed: 12/22/95 Judge signing: Hon. Paula K. Casey
Counsel Of Record: Counsel for Appellant(s) James M. Brown Phillips Krause & Brown 101 E Market Ste 525 Aberdeen, WA 98520 Scott F. Lundberg Lundberg & Peschel 500 John St Fl 2 Seattle, WA 98109 Counsel for Respondent(s) Donald L. Law Law Lyman & Daniel PO Box 11880 Olympia, WA 98508-1880 David T. Wendel Offc of Atny General PO Box 40126 Olympia, WA 98504-0126 Counsel for Guardian(s) Ad Litem Richard E. Vroman Ingram Zelasko & Goodwin P.o. Box 1106 Aberdeen, WA 98520
The opinion of the court was delivered by: Hunt, J.
GREGORY L. GADD as Personal
Representative of the Estate of SHARON E. GADD, deceased.
Concurring: Karen G. Seinfeld, Elaine M. Houghton
Gregory Gadd and Diane Randel appeal the trial court's summary judgment dismissal of their lawsuits against the Centralia Police Department for negligent failure to arrest Jack Grigsby, whose fleeing vehicle crashed head-on into the Gadd vehicle, injuring Gadd, killing Gadd's wife, and injuring Randel. The Washington State Patrol cross-appeals the trial court's refusal to grant summary judgment in its favor against Gadd and Randel.
We affirm the trial court's grant of summary judgment to the Centralia Police Department and reverse the trial court's denial of summary judgment in favor of the State Patrol.
FACTS
Several Centralia Police Department (CPD) units and one Washington State Patrol (WSP) unit responded to a 911-emergency report of an assault-in-progress and victim held at knife-point, at a Centralia residence. It was later determined that Jack Grigsby had threatened his mother with a knife. Upon arriving at the scene, officers found Grigsby attempting to back his automobile out of the driveway. Bystanders shouted to the officers that Grigsby had a knife and had taken his girlfriend, Diane Randel, into the automobile against her will.
Although witness accounts differ somewhat, the dispositive facts are not in dispute. Washington State Patrol (WSP) Sgt. Martin approached Grigsby, leaned through the open driver's window, pointed a gun to Grigsby's chest, and ordered him to stop. But Grigsby accelerated and left the scene with police in pursuit about one and a half blocks behind. Police were on the scene less than a minute before Grigsby's flight. Approximately one-half a mile away, Grigsby's automobile crossed the centerline and collided head-on with an automobile driven by Gregory Gadd, killing Gadd's wife, Sharon, and seriously injuring Gadd, Randel, and Grigsby.
Gadd and Randel brought a civil action against WSP and CPD, charging negligence in their handling of the incident. They contend that the officers breached their duty to contain the incident, to arrest Grigsby, and to use any force necessary, including dead
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