ORRIS v. LINGLEY

No. 42343-0-II.

288 P.3d 1159 (2012)

Paul H. ORRIS, Appellant, v. Matthew Arnold LINGLEY, decedent, and Michael D. Lingley and Kathy A. Lingley as Personal Representatives and Notice Agents of The Estate of Matthew Arnold Lingley, Defendants.

Court of Appeals of Washington, Division 2.

November 27, 2012.


Attorney(s) appearing for the Case

Kent Michael Fandel , Graham & Dunn PC, Diane Marie Meyers , Graham & Dunn, Seattle, WA, for Appellant.

Gary A. Trabolsi , Gardner Trabolsi & Associates PLLC, Seattle, WA, for Respondent.


WORSWICK, C.J.

¶ 1 Paul Orris was seriously injured in an automobile accident when a truck, driven by a coworker, Matthew Lingley, crashed. He appeals the trial court's summary dismissal of his negligence claim against Lingley's estate. Because there is a genuine issue of material fact whether Lingley was acting in the course of his employment, but not whether Orris was acting in the course of his employment, we reverse summary judgment in part, affirm in part...

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