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NEIL v. NWCC INVESTMENTS V, LLC

No. 63204-3-I.

229 P.3d 837 (2010)

Christopher E. NEIL, in his capacity as guardian of the Person and Estate of Mariano Romero Romero; and Guadalupe Romero Romero and Maria Romero Guzman, and the marital community comprised thereof, Appellants, v. NWCC INVESTMENTS V, LLC, a Washington Limited Liability Company, Respondent, B&B Equipment Construction & Supply, Inc., a Washington Corporation, Defendant.

Court of Appeals of Washington, Division 1.

March 15, 2010.

Attorney(s) appearing for the Case

Stanley Jay Rumbaugh, John E. Wallace, Rumbaugh Rideout Barnett & Adkins, Betsy Rodriguez, Law Office of Betsy Rodriguez PS, Tacoma, WA, for Appellants.

William Walter Spencer, Jason Einer Soderman, Murray Dunham & Murray, Seattle, WA, for Respondent.

LEACH, J.

¶ 1 In Washington, general contractors have a nondelegable specific duty that extends to all employees on the jobsite to ensure compliance with regulations promulgated under the Washington Industrial Safety and Health Act (WISHA). Jobsite owners owe this same duty when they retain the right to control the manner in which the independent contractor and its employees perform their work. In this case, we are asked...

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