244 P.3d 1039
Wash. Ct. App.2011Background
- Johnson Bail Bonds posted a $50,000 bail for Stout in a Pierce County felony drug case; Stout missed a court appearance and forfeiture was at stake.
- Johnson hired independent contractor James Michael Golden to apprehend Stout, who subcontracted with Carl Warren to locate him.
- Warren and Jason Ferrell planned to intercept Stout on a private gravel road within 30 minutes in Tacoma area.
- Golden allegedly struck Stout's vehicle from behind, causing a crash into a tree and severe injuries including leg amputation.
- Stout sued Johnson in 2004 for damages; the trial court granted summary judgment in favor of Johnson, which Stout appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bail bond recovery is an inherently dangerous activity. | Stout argues bail bond recovery is inherently dangerous, making Johnson liable. | Johnson contends it is not an inherently dangerous activity and thus not vicariously liable. | Court assumed, but held, this does not authorize recovery because Stout triggered and participated in the activity. |
Key Cases Cited
- Epperly v. City of Seattle, 65 Wash.2d 777 (1965) (protects innocent third parties, not participants in the activity)
- Tauscher v. Puget Sound Power and Light Co., 96 Wash.2d 274 (1981) (inherently dangerous situations; owner cannot escape liability for bystanders)
- Niece v. Elmview Group Home, 131 Wash.2d 39 (1997) (formulates general vicarious liability framework in context of independent contractors)
- Kelley v. Howard S. Wright Constr. Co., 90 Wash.2d 323 (1978) (recognizes general non-liability for independent contractors' actions)