Weaver v. Spokane County

¶1 — About one and one-half hours after a sheriff’s deputy told an intoxicated Duane Weaver not to walk in the street, or to at least walk facing traffic, a drunk driver struck Mr. Weaver. He died 17 months later from his injuries. Mr. Weaver’s estate (Estate) sued Spokane County (County) for negligence, claiming that the deputy’s failure to take Mr. Weaver into protective custody breached the duty owed to him. The Estate asserts Mr. Weaver was incapacitated or gravely disabled by alcohol. The court granted summary judgment to the County, concluding that the public duty doctrine barred the…