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Meyer v. Burger King Corp.6/23/2000
Patricia Meyer sued her mother's employer, Sonrise Management, Inc., for injuries she sustained in utero when her mother lost her footing on a slippery floor at work and fell against a table. Sonrise contends that the Washington Industrial Insurance Act (the Act) bars this negligence action by a family member of a covered employee. The trial court disagreed and denied Sonrise's motion for judgment on the pleadings.
The Washington Supreme Court granted Sonrise's motion for discretionary review and transferred the case to this court. Finding Patricia's injuries to be independent, not derivative, we affirm.
FACTS
In April 1998, Verona and Gary Meyer, on behalf of themselves and their daughter, Patricia, filed suit against Sonrise for negligence. The complaint alleged that both Verona and Patricia were injured in the course of Verona's employment because of unsafe working conditions. The Meyers claimed damages for Patricia's injuries, which allegedly include permanent mental and physical disabilities, and for their own subsequent losses due to destruction of the parent/child relationship.
In December 1998, Sonrise moved for judgment on the pleadings, arguing that the Act, RCW 51, bars family members' claims against employers that arise out of injuries suffered by employees in the course of employment. The trial court denied the motion.
In January 1999, Sonrise petitioned the Washington Supreme Court for discretionary review. For purposes of the motion, the parties stipulated to the following facts:
Verona Meyer was employed by Sonrise Management, Inc. at a Burger King restaurant located near Lacey, WA. On April 26, 1995, Meyer was working her shift at the restaurant. She claims that she was approximately 35 weeks pregnant at the time. She claims that while in the course and scope of her employment on April 26, 1995 she lost her footing and struck her lower abdomen on the corner of a table known as the 'Whopper board.' Later that evening, Meyer went to the hospital and delivered her baby, Patricia Meyer. Plaintiffs claim that blunt trauma to Verona Meyer's abdomen from the Whopper board caused an abruption of the placenta, in which the placenta partially detached from Verona Meyer's uterine wall. Plaintiffs further claim that as a result of the placental abruption there was a loss of oxygen to Patricia Meyer while she was in utero, and that this loss of oxygen in turn resulted in Patricia Meyer being born several hours later with severe injuries. Sonrise has denied and continues to deny plaintiffs' claims. Sonrise denies that it was negligent and further denies that the alleged blunt trauma to Verona Meyer's abdomen, or anything else that occurred while in the course of her employment at Sonrise, caused the placental abruption or any injuries to Patricia. Clerk's Papers at 114.
The stipulation also states: 'The parties agree that the legal issue before the court is whether Plaintiffs' claims, including the claim by Patricia for injuries allegedly sustained in utero while Verona was in the course of her employment, are barred under RCW Title 51.' After reviewing the pleadings and this additional material, the Supreme Court granted discretionary review and then transferred the case to this court.
DISCUSSION
The parties do not dispute that, in Washington, a child may bring a cause of action for negligence for prenatal injuries. Seattle-First Nat'l Bank v. Rankin, 59 Wn.2d 288, 291, 367 P.2d 835 (1962). Thus, the sole issue in this matter is whether the provisions of the Act bar Patricia's claims and those of her parents. This issue is a question of law that this court reviews de nov
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