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WALSTON v. BOEING CO.

No. 42543-2-II.

294 P.3d 759 (2013)

Gary G. WALSTON and Donna Walston, husband and wife, Respondents, v. The BOEING COMPANY; and Saberhagen Holding, Inc., as successor to Tacoma Asbestos Company and The Brower Company, Appellants.

Court of Appeals of Washington, Division 2.

January 29, 2013.

Attorney(s) appearing for the Case

William Brendan Murphy , Attorney at Law, Bruce Duplan Campbell , Katherine Carlson Wax , Eric David Miller , Perkins Coie LLP, Seattle, WA, for Appellants.

Timothy Kost Thorson , Carney Badley & Spellman, Seattle, WA, for Defendants.

Matthew Phineas Bergman , Glenn S. Draper , Brian F. Ladenburg , Anna D. Knudson , Bergman Draper Ladenburg, PLLC, John Wentworth Phillips , John Matthew Geyman , Phillips Law Group PLLC, Seattle, WA, for Respondents.

Kristopher Ian Tefft , Association of Washington Business, Olympia, WA, Amicus Curiae on behalf of Assoc. of WA Business and WA Self.

Philip Albert Talmadge , Talmadge/Fitzpatrick, Tukwila, WA, Amicus Curiae on behalf of WA, State Labor Counsel.

VAN DEREN, J.

¶ 1 The Boeing Company appeals the trial court's denial of its motion for summary judgment under RCW 51.04.010 and RCW 51.24.020, which provide that workers' compensation is the exclusive remedy for injured employees subject to the industrial insurance act (IIA), title 51 RCW, absent an employer's deliberate intention to cause such injury. Because Boeing met its burden to show that no disputed material facts exist here, the burden shifted to Walston...

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