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BIRKLID v. THE BOEING CO.

No. 62530-1.

127 Wn.2d 853 (1995)

904 P.2d 278

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN THERESA BIRKLID, ET AL., Appellants, v. THE BOEING COMPANY, Appellee.

The Supreme Court of Washington, En Banc.

October 26, 1995.

Attorney(s) appearing for the Case

Schroeter, Goldmark & Bender, by James D. Hailey and Sidney S. Royer; and Casey & Gordon, by Randolph I. Gordon, for appellants.

Perkins Coie, by V.L. Woolston, for appellee.

John D. Fairley on behalf of Washington Self-Insurers Association, amicus curiae.

TALMADGE, J.

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, an employee retains the right to sue the...

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