Taylor Hubbard et al. v. City of Everett
- Taylor Hubbard and her mother Kirstin Hawney (the plaintiffs) sued the City of Everett (the City) for negligence. The City moved to dismiss under CR 12(b)(6). The trial court granted its motion to dismiss with prejudice. It determined that the City owed the plaintiffs no duty and that the statute of limitations barred Hawney’s claims. The plaintiffs appeal, arguing the City owed them a duty under three theories—a “take charge duty,” a duty under Restatement (Second) of Torts Sections 281 and 302B, and an implied statutory cause of action under RCW 36.28A.230 and RCW 9A.44.135. They also argue that Hawney’s claims are not time-barred. COA # 883542. Snohomish County Superior Court # 24-2-06821-31.