Ottesen v. Food Services of America, Inc.

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Penoyar, J.

— Food Services of America (FSA) and Darrell Corgatelli appeal the grant of summary judgment in favor of Carla Ottesen, widow of deceased Bernard Ottesen, asserting that her claims are barred by the exclusive remedy provision of Washington’s Industrial Insurance Act (IIA), Title 51 RCW. Ottesen contends that her suit falls within the “parking area” exception of the IIA because the staging yard where Ottesen was injured was a “mixed-use” area, Ottesen was not performing work-related duties, and, as to him, the yard was a parking lot. Because the uncontradicted evidence was that…