Opinion

Campbell v. City of Bellevue

  • 85 Wash. 2d 1
  • 530 P.2d 234
  • 1975 Wash. LEXIS 844
Court
Washington Supreme Court
Filed
Jan 9, 1975
Status
Published
Author
Stafford
On the bench
Hamilton, Wright, Stafford, Hale, Finley, Rosellini, Hunter, Utter, Brachtenbach
Cited by
81 cases

holding governmental agents responsible for enforcing statutory requirements when they possess actual knowledge of a statutory violation, fail to take corrective action despite a statutory duty to do so, and the plaintiff is within the class the statute intended to protect

How later courts described this case

  • holding governmental agents responsible for enforcing statutory requirements when they possess actual knowledge of a statutory violation, fail to take corrective action despite a statutory duty to do so, and the plaintiff is within the class the statute intended to protect
  • describing the “duty to all, duty to no-one” doctrine as a form of sovereign immunity
  • allowing a broad definition of special class, including person killed after inspector failed to disconnect blatant electrical safety violation; safety ordinance was for the benefit of special class, persons residing within the ambit of the danger involved
  • noting both explicit and implicit exceptions to the general rule that statutory duties are owed to the public as a whole

Written by the judges who cited it.

The opinion

Stafford, J.

(concurring specially in the dissent) — I concur with that portion of the dissent which questions the advisability of holding a city liable for inaction of its employees under the facts herein.

Under the attendant circumstances disconnection of the offending electrical system, without the required notice, would have amounted to a trespass by the city employees. How such can rise to the dignity of a duty to act, on the part of a city, is difficult to accept.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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