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MEYER v. BURGER KING CORP.

No. 70015-0.

26 P.3d 925 (2001)

144 Wash.2d 160

Patricia MEYER, minor, by and through her Guardian ad Litem, Gary Meyer; Gary Meyer and Verona Meyer, the natural parents of Patricia Meyer, individually and on behalf of the marital community, Respondents, v. BURGER KING CORPORATION, a foreign corporation; the Pillsbury Company, a foreign corporation; Diageo Corporation, a foreign corporation; Grand Metropolitan, a foreign corporation; Sonrise Management, Inc., a domestic corporation; Sisters of Providence in Washington d/b/a Providence St. Peter Hospital; Providence Emergency Physicians; John Doe Nos. One through Three; Lowell R. Dightman, M.D.; G. Whitman, M.D.; Larry L. Brewer, M.D.; R.S. Warton, M.D.; and Corometrics Medical Systems, Inc., a foreign corporation, Petitioners.

Supreme Court of Washington, En Banc.

Decided July 12, 2001.

Attorney(s) appearing for the Case

Northcraft & Woods, Mark Steven Northcraft, Seattle, Elizabeth Ann Jensen, Tacoma, Rosenow, Johnson, Graffe, Keay, A. Clarke Johnson, Jr., Tacoma, for Defendants.

Reed, McClure, Pamela A. Okano, Seattle, Heller, Wiegenstein, Thomas Allan Heller, Poulsbo, for Petitioner.

Riecan & Hall, George Michael Riecan, Tacoma, for Respondent.

JOHNSON, J.

This case involves the claims of a child who suffered prenatal (in utero) injuries. The mother was at work at the time of the accident. We must decide whether the child's claims are barred under the Industrial Insurance Act (Act), Title 51 RCW. The trial court and the Court of Appeals held the injuries to the child were not barred under the Act. We affirm.

FACTS

The parties stipulated to the following facts. Sonrise Management, Inc. ...

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