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Legal Opinion

Carlton v. Vancouver Care, LLC

Court of Appeals of Washington

Decided March 16, 2010No. 36797-1-IIPublishedCited by 6 opinions

1Opinion of the CourtArmstrong, J.

¶1 Miriam Carlton, an elderly woman who suffered from severe dementia, was living in Stonebridge Memory Care when a male patient sexually assaulted her. Carlton died 13 months later without ever being able to describe the assault or its effect on her. Karen Carlton and Marjorie Holland, personal representatives of Carlton’s estate (Estate), sued Vancouver Care LLC, which operates Stonebridge, for negligence and abuse of a vulner*155able adult under chapter 74.34 RCW. To prove that the rape caused Carlton to suffer emotional harm, the Estate retained Dr. Ann Burgess, a psychiatric nurse, to…

2Cases cited38 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. State v. RussellWashington Supreme Court · 1994
  3. People v. TaylorNew York Court of Appeals · 1990
  4. State v. GregoryWashington Supreme Court · 2006
  5. State v. SaldanaSupreme Court of Minnesota · 1982

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3Cited by6 opinions

  1. Moore v. Harley-Davidson Motor Co. Group, Inc.Court of Appeals of Washington · 2010
  2. Moore v. HARLEY-DAVIDSON MOTOR CO. GROUPCourt of Appeals of Washington · 2010
  3. Carlton v. VANCOUVER CARE LLCCourt of Appeals of Washington · 2010
  4. State v. MartinCourt of Appeals of Washington · 2012
  5. Personal Restraint Petition Of Larry Paul WilliamsCourt of Appeals of Washington · 2019

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