Bailey v. Town of Forks

Patti Bailey suffered serious injury when a motorcycle on which she was a passenger collided with a truck. She filed a complaint against the Town of Forks, *264alleging her injuries directly and proximately resulted from a town police officer's failure to prevent a man he knew to be heavily intoxicated from driving a truck. The trial court dismissed the complaint on a motion for judgment on the pleadings under CR 12(c). The Court of Appeals, relying on the "public duty doctrine," affirmed dismissal. Bailey v. Forks, 38 Wn. App. 656, 688 P.2d 526 (1984). Although the wisdom and continued viability…