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FRAY v. SPOKANE COUNTY

No. 65236-8.

952 P.2d 601 (1998)

134 Wash.2d 637

David P. FRAY, Individually and on Behalf of Alaina M. Fray, His Minor Daughter; Patricia K. Payne, Individually and on Behalf of Desiree C. Payne, Her Minor Daughter, Respondents, v. SPOKANE COUNTY and the Spokane County Sheriff Department, Petitioners.

Supreme Court of Washington, En Banc.

Decided March 12, 1998.

Attorney(s) appearing for the Case

Evans, Craven & Lackie, PS, Amy Clemmons, Hugh T. Lackie, Spokane, for Petitioners.

Reaugh, Fischnaller & Oettinger, Joseph E. Fischnaller, Seattle, for Respondents.

Law, Lyman & Daniel, Jocelyn J. Lyman, Olympia, Schwerin, Burns, Campbell & French, Lawrence R. Schwerin, Mulholland & Hickey, Thomas A. Woodley, Washington, Charles Wiggins, Bainbridge Island, Webster, Mrak & Blumberg, James H. Webster & Lynn Weir, Seattle, Amicus Curiae.

SMITH, Justice.

Petitioners Spokane County and the Spokane County Sheriff Department seek review of a decision of the Court of Appeals, Division III, reversing a decision by the Spokane County Superior Court granting summary judgment to Petitioners which dismissed a negligence action by Respondent David P. Fray, ruling that his exclusive remedy was under the Industrial Insurance Act, RCW Title 51, which barred other civil causes of action.1

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