(Download) "Stenger V. Stanwood School District" by Washington Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Stenger V. Stanwood School District
- Author : Washington Court of Appeals
- Release Date : January 01, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Theresa Stenger and Victoria Douwes appeal the dismissal of their claims against the Stanwood School District for injuries they sustained while working with a multi-handicapped, special education student. The trial court ruled that the appellants' claims were barred by the Industrial Insurance Act, which permits such suits only if the employer deliberately intended to produce the injury.*fn1 In Birklid v. Boeing Co., 127 Wn.2d 853, 861-65, 904 P.2d 278 (1995), our Supreme Court analyzed this exception to employer immunity and held that a deliberate intent to injure may be found where an employer had actual knowledge an injury was certain to occur and willfully disregarded that knowledge. Here, the appellants have produced evidence that the District knew its employees would continue to be injured by the student, despite their efforts to modify his behavior or restrain him. Notwithstanding this knowledge, the District continued to require its employees to work with the boy, and the appellants were seriously injured. We conclude that the evidence in its entirety would permit a trier of fact to conclude that the appellants have satisfied the test for intentional injury set forth in Birklid, and we reverse.