Holt v. City of Moses Lake
Holt v. City of Moses Lake
Opinion of the Court
The City of Moses Lake seeks relief from an order of the Superior Court denying the City's motion for dismissal of respondent Shirley Holt's wrongful death claim for want of jurisdiction. We affirm.
On October 10, 1974, Shirley Holt contacted the City of Moses Lake, seeking police assistance because a shotgun had been fired at her home. Two City police officers came to her residence. They were informed that the shotgun
The respondent subsequently commenced this action seeking damages from the City of Moses Lake and certain individual officers employed by the City, for the wrongful death of her son. The City's motions for summary judgment and dismissal for want of jurisdiction were denied by the trial court. The City then sought a writ of certiorari, alleging that the Superior Court had no jurisdiction over the subject matter of the lawsuit.
The petitioner's sole basis for its claim of lack of jurisdiction is the wording of a section of the crime victims compensation act (RCW 7.68) which, prior to recent amendments to the act, provided:
In keeping with the intent of the legislature as set forth in RCW 7.68.010, all civil actions and civil causes of action against the state for injury or death as a consequence of a criminal act, and all jurisdiction of the courts of the state over such causes, are hereby abolished except as in this chapter provided.
RCW 7.68.040. The City contends that this provision precludes not only actions against the State itself for injury or death resulting from a criminal act (see Haddenham v. State, 87 Wn.2d 145, 550 P.2d 9 (1976)), but also eliminates the possibility of bringing such an action against any political subdivision of the State, such as the City of Moses Lake.
No right of action at law for damages incurred as a consequence of a criminal act shall be lost as a consequence of being entitled to benefits under the provisions of this chapter. In the event any person entitled to benefits under this chapter additionally seeks a remedy for damages incurred as a consequence of a criminal act, then and in that event the department shall be subro-gated to the rights of such person and have a lien upon any recovery so made to the extent of the benefits paid or payable by the department to or on behalf of such person under this chapter. If the recovery involved is against the state, the lien of the department shall include the interest on the benefits paid by the department to or on behalf of such person under this chapter computed at the rate of eight percent per annum from the date of payment.
See Laws of 1977, 1st Ex. Sess., ch. 302, § 3. This bill was signed by the Governor on June 21, 1977, and became effective September 21, 1977. Const. art. 2, § 41 (amendment 26).
We find these recent legislative enactments to be dispos-itive of the issue raised. The amendments to the crime victims compensation act pertinent here are clearly remedial in purpose and therefore apply retroactively. Haddenham v. State, supra; State v. Heath, 85 Wn.2d 196, 532 P.2d 621 (1975). In the absence of the prohibition arguably contained in RCW 7.68.040, which has now been repealed, the Superior Court clearly possesses jurisdiction over the respondent's claim. RCW 4.96; Kelso v. Tacoma, 63 Wn.2d 913, 390 P.2d 2 (1964).
Wright, C.J., and Rosellini, Hamilton, Stafford, Brachtenbach, Horowitz, Dolliver, and Hicks, JJ., concur.
Reference
- Full Case Name
- Shirley E. Holt v. The City of Moses Lake
- Status
- Published