Bonnie Vallance LGL 126. I. Citation: Zellmer v. Zellmer, (2006) II. Facts: Mrs. Zellmers husband Mr.

Zellmer stayed home to take care of his 3 year old step daughter, Ashley McLellan who was ill. Mr. Zellmer, who was tired, put a video on for the step daughter to watch in her room and he fell asleep in another room. When he awoke he found Ashley was not in her room. When Mr. Zeller found 3 year old Ashley McLellan, she was face down floating in the family pool. The Ashley died. Mrs. Zellmer and her ex husband are suing Mr. Zellmer for wrongful death, alleging negligent supervision, negligent infliction of emotional distress, willful or wanton misconduct, outrage, and breach of contract. III. Issue: Can a step parent be granted parental immunity for wrongful death, alleged negligent supervision, and negligent infliction of emotional distress, willful or wanton misconduct, outrage, and breach of contract? IV. Rule of Law: The parental immunity doctrine applies equally to a stepparent if the stepparent stands in loco parentis to the child. The requirement of in loco parentis standing reflects the connection between entitlement to immunity and financial obligation toward the child. A stepparent who is obligated to financially support a stepchild under the family support statute (RCW 26.16.205) is generally immune from liability for negligent supervision of the child under the parental immunity doctrine. Holding: the trial court correctly ruled that the stepfather was entitled to the protection of the parental immunity doctrine and that the parental immunity doctrine is applicable in wrongful death actions, the court affirms the judgment. (Zellmer v. Zellmer, 132 Wn. App. 674, 133 P.3d 948, 2006 Wash. App. LEXIS 817 (2006) ) Analysis: The court carefully weighed the case and followed the majority rule that a step parent in Loco parentis is granted the same privileges and responsibilities as the natural parents.

V.

VI.