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STENGER v. STANWOOD SCHOOL DIST.

No. 43658-9-I.

977 P.2d 660 (1999)

95 Wash.App. 802

Theresa Marie STENGER and Victor Stenger, husband and wife; and Victoria Douwes and Joost Douwes, husband and wife, Appellants, v. STANWOOD SCHOOL DISTRICT, a municipal corporation, Respondent.

Court of Appeals of Washington, Division 1.

June 1, 1999.

Attorney(s) appearing for the Case

Halleck Howitt Hodgins, Seattle, for Appellants.

David Philip Hansen, Seattle, for Respondents.

Faith Hanna, Federal Way, for Amicus.

COLEMAN, J.

Theresa Stenger and Victoria Douwes appeal the dismissal of their claims against the Stanwood School District for injuries they sustained while working with a multi-handicapped, special education student. The trial court ruled that the appellants' claims were barred by the Industrial Insurance Act, which permits such suits only if the employer deliberately intended to produce the injury.1 In Birklid v. Boeing Co.,

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