Justia Washington Supreme Court Opinion Summaries

Articles Posted in Construction Law
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Petitioner and Washington resident Delbert Williams was employed by an Idaho employment agency. The agency regularly sent him to work for Pro-Set Erectors, an Idaho construction subcontractor. In 2007, Pro-Set was hired by Respondent Leone & Keeble (L&K), a general contractor. L&K is a Washington company. Later that year, Petitioner was injured on the job. He filed a claim with the Idaho State Insurance Fund, who accepted his claim and issued workers' compensation payments. In late 2008, the payments stopped. Petitioner filed suit against L&K in Washington, but the trial court dismissed his petition citing lack of jurisdiction over Petitioner's Idaho workers' compensation claim. Upon review of the applicable legal authority, the Supreme Court found that the trial court did have jurisdiction over Petitioner's claim: "our courts below...seem to have given deference to opinions of the Idaho courts" instead of applying Washington law. L&K argued that because Petitioner received benefits from Idaho, he was barred from bringing the same claim in Washington. Petitioner's claim was allowed under the Washington Industrial Insurance Act, which fell under the jurisdiction of Washington courts. The Court reversed the decision of the lower courts and remanded Petitioner's case for further proceedings. View "Williams v. Leone & Keeble, Inc." on Justia Law

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There was a catastrophic failure at the Spokane waste water treatment plant. One man was killed, and two others were severely injured. The survivors, including Respondent Larry Michaels, successfully sued Appellant CH2M Hill, the engineering firm that worked for the city at the time of the accident. The City of Spokane, as employer of Respondents, was immune from liability under the Industrial Insurance Act. All parties agreed that the City was negligent. The issue at trial was whether CH2M Hill was also negligent. On appeal to the Supreme Court, CH2M Hill challenged the trial judge's rulings on its liability as well as twenty-six other findings of fact. Of importance here was whether the City's immunity could be imputed to CH2M Hill under the same insurance act. The Supreme Court dissected all twenty-six points in its review, and concluded that CH2M Hill was not entitled to the same immunity as the City. The Court agreed with all rulings of the trial court. The Court affirmed the trial court's decision in the case.