AFOA v. PORT OF SEATTLE

No. 94525-0.

421 P.3d 903 (2018)

Brandon Apela AFOA, Respondent/Cross-Petitioner, v. PORT OF SEATTLE, Petitioner/Cross-Respondent.

Supreme Court of Washington.

Filed July 19, 2018.


Attorney(s) appearing for the Case

Mark Steven Northcraft , Andrew Thomas Biggs , Northcraft Bigby & Biggs PC, 819 Virginia St. Ste. C2, Seattle, WA, 98101-4433, Pamela A. Okano , Marilee C. Erickson , Reed McClure , 1215 4th Ave. Ste. 1700, Seattle, WA, 98161-1087, Mark Dombroff , LeClair-Ryan, 2318 Mill Road, Suite 1100, Alexandria, VA, 22314, Mark E. Mckinnon , LeClair-Ryan, 815 Connecticut Avenue Nw. Suite 620, Washington, DC, 20006, for Petitioner.

Raymond Everett Sean Bishop , Derek K Moore , Bishop Legal, 19743 1st Ave. S., Normandy Park, WA, 98148-2401, Michael T. Schein , Sullivan Law Firm, 701 5th Ave. Ste. 4600, Seattle, WA, 98104-7068, for Respondent.

Dmitri L. Iglitzin , Schwerin Campbell Barnard Iglitzin & Lav, 18 W. Mercer St. Ste. 400, Seattle, WA, 98119-3971, for Amicus Curiae on behalf of Washington State Labor Council.

Eileen I. Mckillop , Selman Breitman LLP, 600 University St. Ste. 1800, Seattle, WA, 98101-4129, Jaime Faye Becker , Osborne Construction, 10602 Ne. 38th Pl. Ste. 100, Kirkland, WA, 98033-7947, for Amicus Curiae on behalf of Associated General Contractors of Washington.

Valerie Davis McOmie , Attorney at Law, 4549 Nw. Aspen St., Camas, WA, 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave. Ste. 1300, Spokane, WA, 99201-0305, for Amicus Curiae on behalf of Washington State Association for Justice Foundation.


¶ 1 Brandon Afoa was severely injured in an accident while working at the Port of Seattle (Port) for a cargo company. He sued the Port on the theory that it had retained sufficient control over his work to have a duty to provide him a safe place to work. Among other things, the Port argued that several airlines that were not...

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