243 P.3d 552
Wash. Ct. App.2010Background
- Fire marshal Bastian investigated a 2000 home fire; later investigation notes omitted piano/keyboard/jukebox; Rodriguez was charged with filing a false insurance claim and acquitted at bench trial; Rodriguez sued the City for defamation, willful or wanton misconduct, outrageous conduct, and malicious prosecution; the trial court granted summary dismissal of all claims except defamation; on appeal, Rodriguez challenges the summary dismissal of the remaining claims; issues center on whether probable cause defeated malicious prosecution and whether willful/wanton misconduct can be an independent claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malicious prosecution—probable cause continued need | Rodriguez argues facts show Bastian acted with reckless disregard. | City asserts probable cause existed and continued until trial. | Probable cause existed until trial; dismissal upheld. |
| Willful or wanton misconduct as independent claim | Rodriguez contends willful/wanton conduct is an actionable claim. | Court should treat it as a non-actionable level of intent, not a separate claim. | Willful/wanton conduct is not an independent cause of action; affirm. |
Key Cases Cited
- Hanson v. City of Snohomish, 121 Wash.2d 552 (1993) (malicious prosecution standards; probable cause defense)
- Bender v. Seattle, 99 Wash.2d 582 (1983) (probable cause continuation; mal-prosecution framework)
- Clark v. Baines, 150 Wash.2d 905 (2004) (elements of malicious prosecution)
- Gem Trading Co. v. Cudahy Corp., 92 Wash.2d 956 (1979) (probable cause assessment in prosecutions)
- Winter v. Mackner, 68 Wash.2d 943 (1966) (duty regarding willful/wanton conduct on property)
- Zellmer v. Zellmer, 164 Wash.2d 147 (2008) (willful/wanton as negating defenses; not independent claim)
- Adkisson v. Seattle, 42 Wash.2d 676 (1953) (distinction between negligence and willful/wanton mental state)