Legal Opinion

Zellmer v. Zellmer

Court of Appeals of Washington

Decided May 1, 2006No. 55473-5-IPublishedCited by 2 opinions

1Opinion of the CourtEllington, J.

¶1 —A small child drowned in a swimming pool while under her stepfather’s supervision. The chief question presented here is whether the doctrine of parental immunity protects stepparents as it does legal parents. We hold it does, so long as the stepparent stands in loco parentis to the child.

BACKGROUND

¶2 Three-year-old Ashley McLellan lived primarily with her mother and stepfather, Stacey and Joel Zellmer. On December 3, 2003, Ashley was sick, and stayed home from day care. Her mother went to work, and her stepfather Joel stayed home with Ashley. At approximately 5:00 pm, Joel’s…

2Cases cited31 opinions

  1. Roller v. RollerWashington Supreme Court · 1905
  2. Borst v. BorstWashington Supreme Court · 1952
  3. Harmon v. Department of Social & Health ServicesWashington Supreme Court · 1998
  4. Harmon v. DEPT. OF SOCIAL & HEALTH SERV.Washington Supreme Court · 1998
  5. Adkisson v. City of SeattleWashington Supreme Court · 1953

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3Cited by2 opinions

  1. Zellmer v. ZellmerWashington Supreme Court · 2008
  2. Zellmer v. ZellmerWashington Supreme Court · 2008

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