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AFOA v. PORT OF SEATTLE

No. 85784-9.

296 P.3d 800 (2013)

176 Wn.2d 460

Brandon Apela AFOA, an individual, Respondent, v. PORT OF SEATTLE, a Local Government Entity in the State of Washington, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 31, 2013.

Attorney(s) appearing for the Case

Mark Steven Northcraft , Northcraft Bigby & Biggs PC, Seattle, WA, for Petitioner.

Raymond Everett Sean Bishop , Derek K. Moore , Bishop Law Offices PS, Normandy Park, WA, Michael T. Schein , Sullivan & Thoreson, Seattle, WA, for Respondent.

Peter J. Kirsch , W. Eric Pilsk , Kaplan Kirsch & Rockwell, Denver, CO, Monica Hargrove , Airports Council International, Washington, DC, amicus counsel for Airports Council International — North America.

Kristopher Ian Tefft , Association of Washington Business, Olympia, WA, amicus counsel for Washington Retail Association.

Arthur Merritt Fitzpatrick , City of Kent, Kent, WA, amicus counsel for City of Kent.

Anastasia R. Sandstrom , Attorney General's Office, Seattle, WA, amicus counsel for Department of Labor & Industries.

Brandi L. Ross , Washington Public Ports Association, Olympia, WA, amicus counsel for Washington Public Ports Association.

Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, amicus counsel for Washington State Association for Justice Foundation.

WIGGINS, J.

¶ 1 Should we extend to the Port of Seattle (Port), which owns and operates Seattle-Tacoma International Airport (Sea-Tac Airport), the principles of liability imposed on other entities that control the common area of a multiemployer workplace? Brandon Afoa was paralyzed in an accident while he was working at Sea-Tac Airport and seeks to recover from the Port on three theories we have applied in other multiemployer workplace cases: as a business invitee...

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