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MICHAELS v. CH2M HILL, INC.

No. 84168-3.

257 P.3d 532 (2011)

171 Wash.2d 587

Larry MICHAELS and Debbie Michaels, husband and wife and the marital community comprised thereof; Dan Evans, a single person; and Kathy D. Cmos, individually and as the Administratrix and Representative of the Estate of Mike P. Cmos, Jr., Respondents, v. CH2M HILL, INC., a Florida corporation; and Kelly Irving, Appellants.

Supreme Court of Washington, En Banc.

Decided May 26, 2011.

Attorney(s) appearing for the Case

Kenneth Wendell Masters , Shelby R. Frost Lemmel , Masters Law Group PLLC, Bainbridge Island, WA, Terence J. Scanlan , Skellenger Bender, P.S., Seattle, WA, for Appellants.

George M. Ahrend , Matthew C. Albrecht , Ahrend Law Firm PLLC, Moses Lake, WA, John Randall Layman , Layman Layman & Robinson PLLP, Daniel Edward Huntington , Richter-Wimberley PS, Gary Neil Bloom , Harbaugh & Bloom PS, Spokane, WA, for Respondents.

Douglas J. Green , Amber L. Hardwick , Green & Yalowitz, PLLC, Seattle, WA, amicus counsel for American Council of Engineering.

Bryan Patrick Harnetiaux , David P. Gardner , Spokane, WA, amicus counsel for Washington State Association Fo.

CHAMBERS, J.

¶ 1 There was a catastrophic failure at the Spokane wastewater treatment plant. One man was killed, two others were severely injured. The survivors successfully sued an engineering firm that was working with the city at the time. We must decide whether that firm enjoys Industrial Insurance Act immunity under RCW 51.24.035. The appellants also challenge the trial judge's rulings on duty, cause in fact, legal cause, superseding cause, and 26 specific...

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