Walston v. Boeing Co.
181 Wash. 2d 391
| Wash. | 2014Background
- Gary Walston worked at Boeing (1956–1995) and was exposed to asbestos, notably during a 1985 incident where maintenance crews removed/rewrapped overhead asbestos insulation while he worked below without protective equipment.
- The 1985 work produced visible dust; Boeing contractors wore ‘‘moon suits’’ and respirators while hammer shop workers (including Walston) were told to continue working.
- Walston was diagnosed with mesothelioma in 2010 and died in 2013; experts attributed the 1985 exposure as a substantial component of his cumulative exposure, but acknowledged asbestos exposure does not inevitably cause disease in every exposed person.
- Walston sued Boeing outside the workers’ compensation system under the IIA deliberate-intent exception (RCW 51.24.020), alleging Boeing had actual knowledge that injury was certain to occur and willfully disregarded it.
- Boeing moved for summary judgment arguing it was immune under the IIA because Walston failed to show Boeing had actual knowledge that injury was certain to occur; the Court of Appeals granted summary judgment for Boeing and the Washington Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walston raised a material fact that Boeing had actual knowledge injury was certain to occur, satisfying the IIA deliberate-intent exception | Walston: Boeing knew asbestos inhalation causes immediate cellular injury and long-term disease; forcing him to work under visible asbestos created virtually certain injury | Boeing: Although aware asbestos was hazardous, it did not have actual knowledge that Walston (or any particular worker) was certain to be injured | Court: Walston failed to show actual knowledge that injury was certain; summary judgment for Boeing affirmed |
| Whether cellular-level, asymptomatic injury from asbestos exposure constitutes the ‘‘injury’’ required to satisfy deliberate-intent exception | Walston: Cellular injury from exposure is a certain injurious process and supports deliberate-intent finding | Boeing: Asymptomatic cellular changes are risk factors, not compensable injury; risk alone insufficient under Birklid | Court: Cellular-level changes are not compensable injury and mere risk does not meet Birklid standard |
| Whether Birklid’s “actual knowledge of certainty” test requires immediate/visible injury or permits disease/latent harms | Walston: Birklid should be read to allow disease/latent harms where exposure causes a continuing injurious process | Boeing: Birklid requires actual knowledge that an injury was certain to occur; evidence here shows only risk/probability | Court: Birklid and Vallandigham control; substantial certainty or probability is insufficient — actual knowledge of certain harm is required |
| Whether Birklid’s test can be satisfied by knowledge that some employees (not necessarily the plaintiff) were certain to be injured | Walston: Employer knowledge that employees generally would be injured suffices | Boeing: Birklid rejects that broader test; requires actual knowledge tied to the injury certainty standard | Court: Reiterated Birklid rejects that broader theory; plaintiff’s argument fails |
Key Cases Cited
- Birklid v. Boeing Co., 127 Wn.2d 853 (1995) (adopts deliberate-intent test: employer must have actual knowledge that injury was certain to occur and willfully disregard it)
- Vallandigham v. Clover Park Sch. Dist. No. 400, 154 Wn.2d 16 (2005) (reaffirms that substantial probability or risk is insufficient; actual certainty must be known and ignored)
- Department of Labor & Indus. v. Landon, 117 Wn.2d 122 (1991) (disease occurs when it manifests; asymptomatic cellular change is not compensable injury by itself)
- Lockwood v. AC&S, Inc., 109 Wn.2d 235 (1987) (discusses employer duties and continuing hazards posed by asbestos exposure)
- Walston v. Boeing Co., 173 Wn. App. 271 (2013) (Court of Appeals decision reversing trial court and granting summary judgment to Boeing; affirmed by the Supreme Court)