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ENTILA v. COOK

No. 92581-0.

386 P.3d 1099 (2017)

Francisco ENTILA and Erlinda Entila, husband and wife, and the marital community composed thereof, Respondents, v. Gerald COOK and Jane Doe Cook, husband and wife and the marital community composed thereof, Petitioners.

Supreme Court of Washington, En Banc.

Filed January 12, 2017.

Attorney(s) appearing for the Case

Marilee C. Erickson , Pamela A. Okano , Reed McClure , 1215 4th Ave., Ste. 1700, Seattle, WA, 98161-1087, for Petitioners.

Bruce James Lambrecht , Amy Jeannette Goertz , Goertz & Lambrecht PLLC, 2829 S. Grand Blvd., Suite 303, Spokane, WA, 99203, for Respondents.

Bryan Harnetiaux , WA State Ass'n for Justice Foundation, 517 E. 17th Avenue, Spokane, WA, 99203, Valerie Davis Mcomie , Attorney at Law, 4549 N.W. Aspen St., Camas, WA, 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, as Amicus Curiae on behalf of Washington State Association for Justice Foundation.

¶ 1 This case involves the scope of the immunity provisions of the Industrial Insurance Act (IIA), Title 51 RCW, as applied to a third party tort action against another employee when the accident occurred after working hours, but where the injured plaintiff qualified for benefits under the act. The trial court dismissed the suit...

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