Brown v. MacPherson's, Inc.

(dissenting) — The trial court’s grant of the State’s motion to dismiss under CR 12(b)(6) can be affirmed only if “it is clear beyond doubt from a reading of the complaint that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Higgins v. State, 70 Wn.2d 323, 325, 422 P.2d 836 (1967). The majority concludes plaintiffs could not support a claim against the State because they cannot show that its agents had the power to avert this tragedy. I do not agree. There are two theories of liability in plaintiffs’ complaints under which State officers…