Stout v. Warren

290 P.3d 972 (2012)

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Stout v. Warren

Washington Supreme Court
290 P.3d 972 (2012)

  • Written by Rose VanHofwegen, JD

Facts

After Larry Stout (plaintiff) failed to appear for two hearings while out on bail, CJ Johnson Bail Bonds (defendant) contracted with C.C.S.R. (defendant) to apprehend him. Bounty hunter Carl Warren (defendant) apprehended Stout by rear-ending his vehicle, causing Stout to collide with a tree and suffer serious injury. In addition to Warren, Stout sued the contractor and owners of the bail-bond company, asserting two theories of vicarious liability. Stout argued that the company had contracted with Warren to perform an activity that was either (1) abnormally dangerous or (2) involved a special danger or peculiar risk of harm. The trial court granted summary judgment for the owners of the bail-bond company, finding no vicarious liability applied. The appellate court affirmed, albeit on different grounds, prompting Stout to appeal to the Washington Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Stephens, J.)

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