Turner v. Dep't of Soc. & Health Servs. (Majority and Dissent)Annotate this Case
Kent Turner suffered from multiple sclerosis (MS), which caused loss of his motor skills. When his wife, Kathy Turner, could not, due to her own health issues, provide necessary in-home assistance, Kent moved into a nursing home and then into an apartment, where he died in a fire. Kent’s estate, through Kathy Turner, sued the Washington State Department of Social and Health Services (DSHS) and Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) (the area agency on aging) with case management responsibilities for Kent’s care, for negligence and for abuse or neglect. DSHS and LMTAAA moved for summary judgment, which the trial court granted. The trial court ruled that no special relationship was formed and only an ordinary duty of care was owed. The trial court further held that no breach occurred and causation was lacking. After review, the Washington Supreme Court affirmed the trial court’s summary judgment dismissal of the claims against DSHS and LMTAAA.