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Gorman v. Garlock8/18/2005
Concurring: James Johnson, Barbara A. Madsen, Bobbe J Bridge, Charles W. Johnson, Richard B. Sanders, Susan Owens, Tom Chambers, Mary Fairhurst
En Banc
Donald Gorman worked in the Washington shipyards of Lockheed Shipbuilding Company (Lockheed) and Todd Shipyards Corporation (Todd); Eddie Helton worked in Todd's Washington shipyards. During this employment, each man was allegedly exposed to asbestos. Gorman sued Lockheed and Todd, seeking damages for illness allegedly caused by his exposure to asbestos. Wilhemina Helton, widow of the late Eddie Helton, brought a similar suit against Todd. Lockheed and Todd together moved to dismiss Gorman's suit and Todd moved to dismiss Mrs. Helton's suit. Each company claimed that such suits are barred by the exclusive liability provision of the federal Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. sec.sec. 901-950. The superior court agreed with the defendant-employer in each case and dismissed the claims. Gorman and Mrs. Helton separately appealed the orders of dismissal to the Court of Appeals. The Court of Appeals consolidated the appeals and affirmed the superior courts. Thereafter, Gorman and Mrs. Helton sought discretionary review of the Court of Appeals' decision. We granted review and now affirm the Court of Appeals.
I.
A. Gorman v. Lockheed Shipbuilding and Todd Shipyards
Gorman was employed in various shipbuilding and ship-repair jobs at the Washington shipyards of both Lockheed and Todd from 1960 to 1975. Gorman alleges that during this employment 'he was exposed to asbestos and asbestos-containing products' and, as a result of this exposure, developed asbestos-related illness, including lung cancer. Gorman Clerk's Papers (CP) at 59. Gorman further claims that both Lockheed and Todd 'had actual knowledge of certain injury to {him} and willfully disregarded that knowledge.' Id. at 60, 61. Following his employment with Lockheed and Todd, Gorman was employed at a number of land-based refineries where he was allegedly also exposed to asbestos.
In January 2001, Gorman became aware of his asbestos-related illness. He thereafter filed suit against Lockheed and Todd in King County Superior Court. Gorman's suit was based on a provision of the Washington Industrial Insurance Act (WIAA), Title 51 RCW, which allows a worker to maintain a suit for damages against his or her employer if the worker has been injured as a result of 'the deliberate intention of his or her employer to produce such injury.' RCW 51.24.020. Lockheed and Todd together moved to dismiss Gorman's suit pursuant to Civil Rule (CR) 12(b)(6), alleging that, because Gorman's suit was barred by the exclusive liability provision of the LHWCA, he had failed to state a claim for which relief could be granted. The superior court agreed with Lockheed and Todd and dismissed Gorman's claims against the companies.
B. Helton v. Todd Shipyards
Eddie Helton was employed as a 'shipscaler' at Todd's Seattle shipyard from 1944 to 1969. Helton CP at 2. While working at the shipyard, Mr. Helton was allegedly 'exposed to asbestos and asbestos-containing products' and, as a result of this exposure, he 'developed asbestos-related disease, namely lung cancer.' Id. at 2, 3. It is alleged that Todd 'had actual knowledge that an injury to shipscalers such as Mr. Helton was certain to occur and willfully disregarded that knowledge by continuing to expose him to asbestos fibers during his work at Todd Shipyards.' Id. at 2. Mr. Helton died from lung cancer in 1999.
Wilhemina Helton filed suit against Todd in King County Superior Court on her own behalf for wrongful death and
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