CARRERA v. OLMSTEAD

NO. 93799-1.

401 P.3d 304 (2017)

Basilio Cornelio CARRERA, an unmarried individual, by the Department of Labor & Industries, as statutory assignee, Respondent, v. Thomas OLMSTEAD and Barbra E. Olmstead, husband and wife, and the marital community comprised thereof; Law Office of Thomas S. Olmstead, a Washington sole proprietorship; John Does and Jane Does 1 through 10 inclusive, Defendants, and Sunheaven Farms, a Washington General Partnership; Sunheaven Farms, LLC, a Washington limited liability company; Brent Schulthies Farms, LLC, a Washington limited liability company; Brent Schulthies and Elaine Schulthies, husband and wife, and the marital community comprised thereof, individually and as general partner of Sunheaven Farms; and John Does and Jane Does 1 through 10 inclusive, Petitioners.

Supreme Court of Washington.

Filed September 7, 2017.


Attorney(s) appearing for the Case

Sylvia Karen Bamberger , Betts Patterson & Mines PS, 701 Pike St., Ste. 1400, Seattle, WA, 98101-3927, Russell Charles Love , Attorney at Law, 706 15th Ave. E., Seattle, WA, 98112-4526, Philip Albert Talmadge , Talmadge/Fitzpatrick/Tribe, 2775 Harbor Ave. S.W., Third Floor, Ste. C, Seattle, WA, 98126-2138, for Petitioners.

Herbert Glenn Farber , Attorney at Law, P.O. Box 69, Bellevue, WA, 98009-0069, Bryan Daniel Doran , Doran Law, P.S., 400 108th Ave. N.E., Ste. 500, Bellevue, WA, 98004-5575, Anastasia R. Sandstrom , Attorney General's Office, 800 5th Ave., Ste. 2000, Seattle, WA, 98104-3188, for Respondent.


¶ 1 Basilio Carrera lost his right hand in a workplace accident. We are asked to determine whether the Department of Labor and Industries (L & I) may pursue a third party claim for Carrera's injuries against Sunheaven Farms LLC, the contractor responsible for workplace safety at Carrera's job.

¶ 2 We affirm the...

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