CHRISTENSEN V. ROYAL SCHOOL DISTRICT NO. 160
124 P.3d 283 (Wash. 2005)
NATURE OF THE CASE: The United States District Court certified to the Washington Supreme
Court the question of whether a 13-year-old victim of sexual abuse by her teacher on school
premises, who brings a negligence action against the school district and her principal for
failure to supervise or for negligent hiring of the teacher, may have contributory fault
assessed against her under the Washington Tort Reform Act for her participation in the
relationship.
FACTS: Leslie (P) was 13 years of age and a student in the eighth grade. The School
District (D) employed 26-year-old Steven Diaz as a teacher at her school. Diaz engaged in
sexual activity with P, who was one of his students. This activity occurred in Diaz's
classroom. According to Diaz, P voluntarily participated in a relationship with him and in
the aforementioned activity. P brought suit against Diaz, D, and Principal Andersen. P
claimed that Diaz sexually abused P. Damages were also sought against D and Andersen based
on negligent hiring and supervising. D and Andersen asserted an affirmative defense that P's
voluntary participation in the sexual relationship with Diaz constituted contributory fault.
P moved for partial summary judgment on this issue, seeking to strike the affirmative
defense. The trial court deferred ruling on the motion pending an answer from this court to
the certified question set forth.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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