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FRENCH v. URIBE, INC.

No. 22818-5-III.

130 P.3d 370 (2006)

132 Wash.App. 1

Jack FRENCH, an individual, and Tina Meier, as personal representative of the Estate of William P. Meier, Respondents and Cross-Petitioners, v. URIBE, INC., a Washington corporation, Petitioner, Lou's Irrigation Welding, Inc., a Washington corporation; and Lou Cousineau And Jane Doe Cousineau, husband and wife, and the Marital community composed thereof, Defendants.

Court of Appeals of Washington, Division 3.

Publication Ordered March 16, 2006.

Attorney(s) appearing for the Case

Andrew Christian Bohrnsen, Spokane, The Law Office of Bohrnsen & Stowe PS, Spokane, for Petitioner.

J. Scott Miller, Miller Devlin & McLean PS, Spokane, WA, for Defendants.

Susan Machler, Simeon Osborn, Osborn Machler, Seattle, WA, Diehl Randall Rettig, Attorney at Law, Kennewick, WA, for Respondents/Cross-Appellants.

RUNGE, J.*

¶ 1 Generally, Washington's Industrial Insurance Act (Act), Title 51 RCW, precludes employee recovery beyond the compensation provided for in the Act. However, RCW 51.04.010 allows tort recovery if the employer deliberately intended to injure the employee. While working for Uribe, Inc., William Meier was killed and Jack French was permanently injured, as the result of an electrical accident. Mr. French and Tina Meier filed...

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