LOCKE v. CITY OF SEATTLE

Nos. 79222-4, 79381-6.

172 P.3d 705 (2007)

Kevin J. LOCKE and Tori Locke, husband and wife and the marital community composed thereof, Respondents, v. The CITY OF SEATTLE, a municipal corporation; and The City of Seattle Fire Department, Petitioners, and James Sewell; Molly Douce; John Cameron; John Does 1-5, in their individual capacities; The State of Washington, its subdivisions and agencies; and The Washington State Patrol, Defendants. Margaret A. Lindell, personal representative for the estate of Gary R. Lindell, deceased, Respondent, v. The City of Seattle, a municipal corporation, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 13, 2007.


Attorney(s) appearing for the Case

Pamela A. Okano, Reed McClure, Marcia M. Nelson, Rebecca Boatright, Seattle City Attorneys Office, Seattle, WA, for Petitioners.

David J. Wieck, John L. O'Brien, O'Brien Barton Wieck & Joe, PLLP, Issaquah, WA, William Joel Rutzick, Schroeter Goldmark & Bender, Seattle, WA, Todd Whitney Gardner, Attorney at Law, Renton, WA, for Respondents.

Alexander John Skalbania, Emmal Skalbania & Vinnedge, PLLC, Seattle, WA, Thomas A. Woodley, Baldwin Robertson, International Assoc. of Fire Fighters, Washington, DC, Amicus Curiae on behalf of International Association of Fire Fighters.

Daniel Brian Heid, City of Auburn, Auburn, WA, Amicus Curiae on behalf of Washington State Assn. of Municipal Attorneys.

William B. Aitchison, Portland, OR, Christopher K. Vick, Seattle, WA, Amicus Curiae on behalf of Washington Council of Police and Sheriffs.

William B. Aitchison, Portland OR, Christopher K. Vick, Seattle, WA, Amicus Curiae on behalf of Seattle Police Officers Guild.

William B. Aitchison, Portland, OR, Christopher K. Vick, Seattle, WA, Amicus Curiae on behalf of King County Police Officers' Guild.

Donald George Daniel Jr., Elizabeth Ann McIntyre, Law Lyman Daniel Kamerrer et al., Olympia, WA, Amicus Curiae on behalf of Washington Cities Insurance Authority.

Bryan Patrick Harnetiaux, Spokane, WA, Kelby Dahmer Fletcher, Peterson Young Putra et al., Seattle WA, Amicus Curiae on behalf of Washington Trial Lawyers Assoc.


OWENS, J.

¶ 1 In these consolidated cases, respondents Kevin Locke and Gary Lindell's personal representative sued the city of Seattle (City) for injuries sustained during Locke's and Lindell's employment. In both cases, the City challenges the "right to sue" provision in the Washington Law Enforcement Officers' and Fire Fighters' Retirement System Act (LEOFF), chapter 41.26 RCW. See RCW 41.26.281 ("right to sue" provision). The City contends that LEOFF...

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