BIRKLID v. BOEING CO.

No. 62530-1.

904 P.2d 278 (1995)

127 Wash.2d 853

Theresa BIRKLID; Von Bui; Shane Collins; Wilma Mae Ebhard; Karin Christel Fleckenstein; Joseph Gonzales; Heidi Marie Guevara; Deanna Henry; Joann Marie Johnson; Beverly Jean McCormick; Ronald Hugh Palmer; Bonnie Faye Schrum; Kathleen A. Torres; Rory Alan Wintersteen, Appellants, v. The BOEING COMPANY, Respondent.

Supreme Court of Washington, En Banc.

October 26, 1995.


Attorney(s) appearing for the Case

Annan & Fairley, John D. Fairley, Spokane, amicus curiae for Washington Self-Insurers Association.

Perkins, Coie & Stone, V.L. Woolston, Seattle, for appellee.

Schroeter, Goldmark & Bender, James Hailey, Sidney Royer, Seattle, Casey, Gordon Davis, Randolph Gordon, Bellevue, for appellants.


TALMADGE, Justice.

While Washington law has recognized that industrial insurance is the exclusive remedy of the employee injured in the course of employment and barred lawsuits by employees against employers, by its enactment of the Industrial Insurance Act (IIA), the Legislature also established an exception to the rule of exclusivity for circumstances in which an employer deliberately injures an employee. In those circumstances...

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