HYMAS v. UAP DISTRIBUTION, INC.

No. 29906-6-III.

272 P.3d 889 (2012)

167 Wn. App. 136

John HYMAS, a single man, Appellant, v. UAP DISTRIBUTION, INC., a foreign corporation, Crop Product Services, Inc., a foreign corporation, and Agrium US, Inc., a foreign corporation, Respondents, Agreserves, Inc., a foreign corporation, Defendant.

Court of Appeals of Washington, Division 3.

March 8, 2012.


Attorney(s) appearing for the Case

Stanley Jay Rumbaugh , John E. Wallace , Rumbaugh Rideout Adkins & Wallace PLLC, Tacoma, WA, for Appellant.

Benjamin A. Schwartzman , Banducci Woodard Schwartzman PLLC, Brent S. Bastian , Boise, ID, for Respondents.


SIDDOWAY, J.

¶ 1 We are called upon to decide whether UAP Distribution Inc., the owner of a jobsite at which John Hymas was seriously injured while working construction, was entitled to summary judgment that it had no statutory or common law duty that could give rise to liability for Mr. Hymas's fall into an unguarded trench. Mr. Hymas, whose employer was UAP's cement contractor, argues that UAP owed him a duty of care under WISHA,1

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