Torres V. City Of Anacortes

Anacortes police initiated an investigation into Shelley McGuffey's complaint that her ex-husband Michael had assaulted her with a gun. They promised to discuss the case with the prosecutor the next day to see if charges would be filed, but they never made the referral. Weeks later, Michael shot and killed Shelley. Shelley's estate sued the City of Anacortes for wrongful death on a theory that the Anacortes police owed Shelley a duty arising from a special relationship. The trial court, finding no duty, dismissed the suit on summary Judgement. We reverse. The promise by the police to refer Shelley's case to the prosecutor for a charging decision was an express assurance of assistance, and a jury could find Shelley reasonably relied upon that assurance.