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EDGAR v. CITY OF TACOMA

No. 63195-6.

919 P.2d 1236 (1996)

129 Wash.2d 621

Juanita EDGAR, Personally and as Administratrix of the Estate of Hartford M. Edgar, and Nancy Witten, Guardian ad Litem for Kevin Edgar, Casey Edgar and Eric Edgar, Petitioners, v. CITY OF TACOMA; Tacoma City Light; Tacoma Public Utilities; Harza Engineering; ABC Companies 1-20; John Does 1-20, Respondents, The State of Washington, Department of Labor & Industries, Intervenor/Petitioner.

Supreme Court of Washington, En Banc.

Decided August 1, 1996.

Attorney(s) appearing for the Case

Thorsrud, Cane & Paulich, Russell C. Love, Seattle, Floyd & Pfluenger, Karen R. Hornbeck, Seattle, Keating, Bucklin & McCormack, Stewart A. Estes, Seattle, Bryan P. Harnetiaux, Spokane, Harbaugh & Bloom, Gary N. Bloom, Spokane, Debra L. Stephens, Spokane, amicus curiae.

Lee, Smart, Cook, Martin & Patterson, Gregory Turner, Joel E. Wright, Seattle, Christine Gregoire, Atty. Gen., Diane H. Cornell, Asst. Atty. Gen., Seattle, for petitioner.

Garvey, Schubert & Barer, Robert Stephenson, Bruce McDermott, Donald Scarmastra, Seattle, for respondent.

DURHAM, Chief Justice.

Representatives of Hartford M. Edgar (Edgar) seek review of a trial court decision which held that the 1993 amendments to RCW 4.22.070(1) violated the right of the City of Tacoma (City) to a jury trial under Const. art. I, § 21. The trial court ruled that the City had the right to ask the jury to assign a percentage of fault to Edgar's immune employer, and reinstated the 1986 version of RCW 4.22.070(1). We reverse. Under the 1993 version...

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