Andrade v. Ellefson

SIMONETT, Justice.

This case raises issues of tort liability and governmental immunity for a county’s role in state licensure of day care facilities. We conclude a tort duty of care is owed the plaintiffs and that the county has governmental immunity which, however, has been waived to the extent of the county’s liability insurance. For the reasons set out, we affirm in part and reverse in part the court of appeals’ decision.

Plaintiffs are two infants, Joseph J. An-drade and Jerrett J. Aasen, who by their fathers bring this action for personal injuries against defendants Elizabeth Ellefson and…