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DOTY v. TOWN OF SOUTH PRAIRIE

No. 75824-7.

120 P.3d 941 (2005)

155 Wash.2d 527

Jill DOTY, Respondent, v. TOWN OF SOUTH PRAIRIE, Petitioner.

Supreme Court of Washington.

Decided October 6, 2005.

Attorney(s) appearing for the Case

Michael B. Tierney, Michael B Tierney PC, Mercer Island, for Petitioner/Appellant.

John W Schedler, Christina Lee Smith, Lee Smart Cook Martin & Patterson PC Inc, Seattle, for Appellee/Respondent.

James Stone Johnson, Attorney Generals Office, Olympia, for Amicus Curiae, Department of Labor and Industries.

En Banc.

BRIDGE, J.

Jill Doty was injured while serving as a volunteer fire fighter for the town of South Prairie (Town) and filed a negligence suit against the Town seeking damages. The superior court determined that Washington's Industrial Insurance Act (IIA), Title 51 RCW, precluded Doty's negligence suit and dismissed her claim. The Court of Appeals, finding the IIA's exclusive remedy provision inapplicable to volunteers, reversed. The Town petitioned this court for review...

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