Beal for Martinez v. City of Seattle

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the “special relationship” exception to the public duty doctrine applied when a 911 caller justifiably relied on communication from a public official, and that justifiable reliance is a question of fact generally not amenable to summary judgment
• finding that CR 17(a) and CR 15(c), Washington's equivalent to the federal rules, did not bar amendment and relation back in a wrongful death case because the change was only in the representative capacity in which the suit was brought and the defendant was not prejudiced
• finding that CR 17(a) and CR 15(c), Washington’s equivalent to the federal rules, did not bar amendment and relation back in a wrongful death ease because the change was only in the representative capacity in which the suit was brought and the defendant was not prejudiced
• wrongful death action must be brought by the personal representative of decedent’s estate, as opposed to decedent’s children or other survivors
• “Where a state rule parallels a federal rule, analysis of the federal rule may be looked to for guidance.”
• “Application of the ‘inexcusable neglect’ or ‘honest mistake’ stan dard to a change in representative capacity undermines the goals, as well as the literal language of the rules.”

Source: CourtListener parenthetical corpus (CC0).