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MARTIN v. DEMATIC

No. 68132-0-I.

315 P.3d 1126 (2013)

Nina L. MARTIN, individually and as Personal Representative of the Estate of Donald R. Martin, Russell L. Martin, Thaddeus J. Martin, and Jane Martin, Appellant, v. DEMATIC dba/fka Rapistan, Inc., Mannesmann Dematic, and Siemens Dematic; General Construction Company, Wright Schuchart Harbor Company, Wright Schuchart, Inc.; Fletcher General, Inc., and Fletcher Construction Company North America and Fletcher Building, Ltd., Respondents.

Court of Appeals of Washington, Division 1.

October 14, 2013.

Attorney(s) appearing for the Case

Douglas A. Hofmann , Attorney at Law, Seattle, WA, Francis Stanley Floyd , A Troy Hunter , Amber L. Pearce , Floyd, Pflueger & Ringer, P.S., Seattle, WA, for Respondents.

John Budlong , Law Offices of John Budlong, Tara L. Eubanks , The Budlong Law Firm, Edmonds, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, for Appellant/Cross-Respondent.

David Clark Groff Jr. , Michael Porter Grace , Daniel Connolly Carmalt , Groff Murphy PLLC, Seattle, WA, for Respondent/Cross-Appellant.

LEACH, C.J.

¶ 1 Donald Martin suffered a fatal injury while working at a Kimberly Clark paper plant. His wife and children (collectively "the Martins") appeal the trial court's summary dismissal of their claims against General Construction Company (General Construction) and Fletcher Construction Company North America (FCCNA). General Construction cross appeals, challenging the trial court's denial of two summary judgment motions.

¶ 2 Because General...

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