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WALSTON v. BOEING CO.

No. 88511-7.

334 P.3d 519 (2014)

Donna WALSTON, individually and as personal representative of the Estate of Gary G. Walston, Petitioner, v. The BOEING COMPANY; and Saberhagen Holdings, Inc., as successor to Tacoma Asbestos Company and the Brower Company, Respondents.

Supreme Court of Washington, En Banc.

September 18, 2014.

Attorney(s) appearing for the Case

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

William Brendan Murphy , Bruce Duplan Campbell , Katherine Carlson Wax , Eric David Miller , Paul Spencer Graves , Perkins Coie LLP, Timothy Kost Thorson , Carney Badley & Spellman, Seattle, WA, for Respondents.

Philip Albert Talmadge , Talmadge/Fitzpatrick, Seattle, WA, for Amicus Curiae on behalf of United Steelworkers Local 12-369.

John Stephen Riper , Ashbaugh Beal LLP, Seattle, WA, for Amicus Curiae on behalf of Age of Washington.

Kristopher Ian Tefft , Washington Self-Insurers Association, Olympia, WA, for Amicus Curiae on behalf of Association of Washington Business and Washington Self-insurers Association.

Mark Behrens , Cary Silverman , Shook Hardy & Bacon LLP, Sheldon Gilbert , National Chamber Litigation Center, H. Sherman Joyce , American Tort Reform Association, Donald Evans , American Chemistry Council, Karen Harned , N.F.I.B.L.F., Elizabeth Milito , Nat. Federation of Indep. Business, Allan Stein , American Insurance Association, Washington, DC, David Bartley Eppenauer , Shook Hardy & Bacon LLP, Seattle, WA, Colleen Reppen Shiel , Property Casualty Insurers, Chicago, IL, Gregg Dykstra , Nat. Ass'n of Mutual Ins. Co., Indianapolis, IN, for Amicus Curiae on behalf of COAlition for Litigation Justice, Inc.

OWENS, J.

¶ 1 In 1911, the legislature passed the Industrial Insurance Act (IIA), Title 51 RCW, creating a no-fault system for efficiently compensating workers injured on the job. As part of that system, employers receive immunity from civil suits resulting from on-the-job injuries. RCW 51.04.010. However, the legislature specified that employers that deliberately injure their employees are not immune from suit. RCW 51.24.020. Under our precedent, an employer...

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