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SHELLENBARGER v. LONGVIEW FIBRE CO.

No. 53418-1-I.

103 P.3d 807 (2004)

Gerald A. SHELLENBARGER and Carol J. Shellenbarger, husband and wife, Appellants, v. LONGVIEW FIBRE COMPANY, Respondent, and Kaiser Gypsum Company, Inc.; Combustion Engineering Inc.; and Union Carbide Corporation, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered December 15, 2004.

Attorney(s) appearing for the Case

William J. Rutzick, Seattle, for Appellants.

Bruce D. Campbell, James R. McCullagh, Perkins Coie, LLP, Seattle, for Respondent.

Kristopher I. Tefft, Association of Washington Business, Olympia, for Amicus Curiae, Association of Washington Businesses, WA Self-Insurers Assoc.

BAKER, J.

The Shellenbargers sued Longview Fibre, Gerald Shellenbarger's former employer, for damages arising out of his exposure to asbestos in the workplace. Normally, lawsuits arising from workplace injuries would be barred under the Washington Industrial Insurance Act1 (WIIA). But the Shellenbargers argue that Longview Fibre possessed a deliberate intent to injure, which is an exception to the bar on private causes of action under...

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