Evans v. Thompson

*448Dolliver, J.

(dissenting) — I would hold that the Plaintiffs’ exclusive remedy lies in the Industrial Insurance Act and would, therefore, affirm the trial coprt and Court of Appeals. The majority reverses the trial court’s dismissal of the Plaintiffs’ claims, and in so doing it misstates the issues, ignores relevant Washington case law, relies on inapposite cases from other jurisdictions, adopts a doctrine repeatedly rejected in Washington, and issues an opinion that is itself internally inconsistent. Furthermore, the majority never clearly articulates its holding, nor does it provide guidance…