Gildardo Crisostomo VARGAS, an incapacitated person, by and through William Dussault, his Litigation Guardian ad Litem; Lucina Flores, an individual; Rosario Crisostomo Flores, an individual; and Patricia Crisostomo Flores, a minor child by and through Lucina Flores, her natural mother and default guardian, Petitioners,
v.
INLAND WASHINGTON, LLC, a Washington limited liability company, Respondent, and
Inland Group P.S., LLC, a Washington limited liability company, Ralph's Concrete Pumping, Inc., a Washington corporation, and Miles Sand & Gravel Company d/b/a Concrete Nor'West, a Washington corporation, Defendants.
Supreme Court of Washington.https://leagle.com/images/logo.png
David Philip Hansen , Aiken St. Louis & Siljeg PS, 801 2nd Avenue, Suite 1200, Seattle, WA 98104-1571, John Kermeth Butler , David E. Chawes , Preg O. Donnell & Gillett PLLC, 901 5th Avenue, Suite 3400, Seattle, WA 98164-2026, Kenneth Wendell Masters , Masters Law Group PLLC, 241 Madison Avenue N, Bainbridge Island, WA 98110-1811, Steven George Wraith , Lee Smart PS Inc., 701 Pike Street, Suite 1800, Seattle, WA 98101-3929, for Defendants.
Joshua J. Stellmon , Matthew M. Malmsheimer , Attorney at Law, 200 SW Market Street, Suite 1777, Portland, OR 97201-5771, for Amicus Curiae (Pacific Northwest Regional Council of Carpenters).
Valerie Davis McOmie , Attorney at Law, 4549 NW Aspen Street, Camas, WA 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Avenue, Suite 1300, Spokane, WA 99201-0305, for Amicus Curiae (Washington State Association For Justice Foundation).
Dmitri L. Iglitzin , Jennifer L. Robbins , Barnard Iglitzin & Lavitt LLP, 18 W. Mercer Street, Suite 400, Seattle, WA 98119-3971, for Amicus Curiae (Washington State Labor Council).
GORDON McCLOUD, J.
¶ 1 Gildardo Crisostomo Vargas was working on a construction project when a concrete-carrying hose whipped around, hit him in the head, and caused a severe traumatic brain injury. Vargas and his family sued the general contractor, the concrete supplier, and the concrete pumper for negligence. The trial court granted summary...
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