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DANIELS v. SEATTLE SEAHAWKS

No. 40073-8-I.

968 P.2d 883 (1998)

92 Wash.App. 576

David DANIELS and Pathaline E. Daniels, husband and wife, Appellants, v. SEATTLE SEAHAWKS; James Whitesel and Jane Doe Whitesel, husband and wife; Merrit K. Auld and Jane Doe Auld, husband and wife, and John Does 1-X and Jane Does 1-X, husband and wife, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered September 17, 1998.

Attorney(s) appearing for the Case

William D. Marler & Denis W. Stearns, Kargianis, Osborn, Watkins & Marler, Seattle, for Appellants.

Counsel for Defendant(s), Nathaniel B. Green Jr., 1316 S Central Ave # 220, Kent, WA 98032.

Bart Waldman, Daniel F. Mullin, Abbott, Davis, Rothwell, Mullin & Earle P.C., Seattle, for Respondents.

WEBSTER, J.

David Daniels, a former Seattle Seahawks football player, filed suit against Dr. Merrit K. Auld, one of the Seahawks' team physicians, for negligence in the diagnosis and treatment of his work-related injury. Dr. Auld successfully moved for summary judgment under the Industrial Insurance Act's ("IIA" or the "Act") immunity provision for coemployees. Daniels appeals, arguing that although Dr. Auld performed his duties under an employment agreement with...

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