Docket No. 79222-4 Facts: Respondents Kevin Locke and personal representative of Gary Lindell brought suit against petitioner city of Seattle for injuries sustained during Locke’s employment as a fire fighter trainee, and Lindell’s wrongful death in a police officer training exercise. In both cases, the city challenged the “right to sue” provision in the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System Act (Washington Revised Code §41.26.281), arguing that it violates the city’s sovereign immunity and the privileges and immunities clause of Article I §12 of the Washington State Constitution. Continue reading
Daily Archives: Tuesday, June 26, 2007
Atchison v. Great Western Malting Company
Docket No. 80034-1 Facts: Petitioner Kaela Atchison, the personal representative of her deceased father William Atchison’s estate, filed a wrongful death action against his former employer, respondent Great Western Malting Company, in the Superior Court for Clark County, claiming that workplace exposure to pesticides and contaminated dust was the cause of the cancer that led to his death. The superior court dismissed the action on grounds that the three year statute of limitations had expired. Atchison appealed the superior court’s decision, asserting that as she was a minor at the time of her father’s death and therefore ineligible to be appointed personal respresentative of his estate and to bring a wrongful death action, the statute of limitations tolled until she reached her majority. Continue reading
Washington v. Hatchie
Docket No. 78889-8 Facts: Petitioner Raymond Hatchie was convicted of unlawful manufacture of a controlled substance after being denied a motion to suppress the evidence of methamphetamine manufacturing equipment seen by police in his home when they were looking for a suspect pursuant to an arrest warrant. Continue reading