Zellmer v. Zellmer

Washington Court of Appeals · 2006 · Torts

132 Wash. App. 674 (2006)

Updated July 23, 2026

TortsParental immunityStepparent liabilityWrongful deathNegligent supervisionstepparentin loco parentisparental capacity

Facts

Three-year-old Ashley lived primarily with her mother and stepfather, Stacey and Joel Zellmer. While Ashley was home sick, Joel stayed home to supervise her; after checking on her in her upstairs bedroom and starting a movie, he later found her floating in the backyard swimming pool, and she died two days later. Ashley's mother and biological father sued Joel for wrongful death and other claims based on negligent supervision and related theories. Joel was married to Ashley's mother, lived with Ashley in the same household, and was acting as her residential stepparent at the time.

Issue

Does Washington's parental immunity doctrine protect a stepparent from a child's negligence suit for negligent supervision? If so, does the protection apply where the stepparent was acting in a parental capacity, the conduct is alleged to be negligent rather than willful or wanton, and the child died from the injury?

Rule

In Washington, parental immunity continues to protect parents from liability for negligent supervision when they are performing parental duties. That immunity extends to stepparents who are obligated to support their stepchildren under the family support statute, which generally means stepparents who stand in loco parentis to children residing in their household with the primary residential parent. The immunity does not apply to nonparental activity or to willful or wanton misconduct, and it is not lost merely because the action is for wrongful death.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Tacoma, Nina Ortiz lived with her mother, Elena Ortiz, and Elena’s husband, Mark Doran, for four years. Mark helped raise Nina in the household and, while watching her at home one afternoon, allegedly failed to notice that she left the house and suffered serious injuries; Nina’s father later sued Mark for negligent supervision.

Under the governing Washington rule, is Mark most likely protected by parental immunity?

Explanation. Washington extends parental immunity to stepparents who stand in loco parentis and are obligated to support the stepchild under the family support statute. A stepparent married to the primary residential parent and living in the same household with the child will usually meet that standard. Negligent supervision while performing parental duties remains protected parental conduct.