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STACK v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD CO.

No. 46861.

94 Wn.2d 155 (1980)

615 P.2d 457

DONNA L. STACK, ET AL, Respondents, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Appellant, DAVID L. PRESTON, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

August 7, 1980.

Attorney(s) appearing for the Case

James E. Nelson and George J. Fair, for appellant.

D. Roger Reed and Reed, Otterstrom & Giesa, P.S. (Carlton R. Reiter and David R. Bangsund, of counsel), for respondents Stack.

Bruce A. Wolf, George Kargianis, and Kargianis & Austin, for respondent Simpson.

William P. Wimberley, David M. Grant, and Richter, Wimberley & Ericson, P.S., for respondents Preston.

Joseph P. Delay and Delay, Curran & Boling, for respondents Carroll.

Dan Stormer and Richard Smith of Spokane Legal Services Center, for respondent Fry.

Harold A. Ross and Paul R. Cressman, Jr., on behalf of Brotherhood of Locomotive Engineers, amici curiae.

STAFFORD, J.

This is an appeal from a trial court ruling that in an action brought under the Federal Employers' Liability Act (FELA) defendant/third party plaintiff Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee) could not counterclaim against its injured plaintiff employees or pursue a third party claim against other employee crew members for property damage allegedly caused by their negligence.

The case arises from a head-on collision...

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