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Mita v. Guardsmark

182 Wash. App. 76 (2014)

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Mita v. Guardsmark

Washington Court of Appeals
182 Wash. App. 76 (2014)

KS

Facts

Kay Mita was an 84-year-old potential juror who reported to court on a cold November day. At noon, the jurors were dismissed and told to return at 2:00 p.m. However, Kay did not return, remaining in the parking lot, having become confused and unable to find his car. At 5:10 p.m., Kay went into the courthouse, but at 5:30 p.m., a security guard employed by Guardsmark, LLC (defendant) made Kay leave. Around 7:00 p.m., two Guardsmark security officers saw Kay, brought him into the courthouse, and allowed him to sit by a heater. However, the officers forced Kay to leave at 9:00 p.m. Kay died of hypothermia near the courthouse steps. This occurred even though Kay’s son Floyd (plaintiff) had reported Kay missing at 7:11 p.m. and had been promised that a police officer would be sent immediately to look for Kay. Trusting this assurance, Floyd did not go himself to look for Kay. Unfortunately, no officer was ever sent. Floyd and Kay’s wife, Shizuko (plaintiff), brought a negligence claim for wrongful death against Guardsmark and Spokane County (defendant), asserting a common-law duty of care. The defendants sought summary judgment, which a trial court granted, ruling that neither defendant owed Kay a duty of care. Floyd and Shizuko appealed.

Rule of Law

Issue

Holding and Reasoning (Brown, C.J.)

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