Morgan v. Johnson

We decide in this case if the intoxication defense established in RCW 5.40.060 applies to an intentional tort. Under the plain language of that statute, the defense may be asserted only where plaintiff was intoxicated at the time of the occurrence which caused the plaintiffs injuries or death, the intoxication was a proximate cause of the injuries or death, and the plaintiff was more than 50 percent at fault. In utilizing “fault,” a term of art under RCW 4.22.015, the Legislature plainly meant the intoxication defense is unavailable in intentional tort actions. We reverse the judgment on the…