Garibay v. State

¶1

Kato, C.J.

— Julie Garibay sued the State of Washington, Department of Labor and Industries (Department), for wrongful death. She claimed the Department had negligently enforced safety regulations resulting in her husband’s death. The court granted summary judgment dismissal because the Department was not a third party against whom such an action could be brought. We affirm.

¶2 Advanced Silicon Materials (ASM) operated a chemical production plant in Moses Lake, Washington. In 1996, there was a breakdown at the plant causing a shutdown. The Department conducted a safety audit and recommended…