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GARIBAY v. STATE

No. 23959-4-III.

128 P.3d 617 (2005)

Julie GARIBAY, Individually, as Guardian Ad Litem for Rylee Nicole Garibay, a Minor, and as Personal Representative of the Estate of Demetrio Robert Garibay; Miquela Garibay; Daniel Garibay; Dalia Garibay Garza; Delia Garibay Flores; Diana Garibay Aguayo; and Delphina Garibay Pruneda, Appellants, v. STATE of Washington, Respondent.

Court of Appeals of Washington, Division Three, Panel One.

Publication Ordered and Amended February 14, 2006.

Attorney(s) appearing for the Case

Jerald D. Pearson, The Pearson Law Firm, Snoqualmie, WA, for Appellants.

Michael E. Tardif, Attorney at Law, Olympia, WA, for Respondent.

KATO, C.J.

¶ 1 Julie Garibay sued the State of Washington, Department of Labor and Industries, for wrongful death. She claimed the Department had negligently enforced safety regulations resulting in her husband's death. The court granted summary judgment dismissal because the Department was not a third party against whom such an action could be brought. We affirm.

¶ 2 Advanced Silicon Materials (ASM) operated a chemical production plant in Moses...

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