Burnett v. Department of Corrections

Brown, A.C.J.

¶58 (dissenting) Today, we fail to answer Virginia Burnett’s sole assignment of error: whether the trial court erred in summarily dismissing her negligence claim against the Department of Corrections (DOC) under the “same employ” provision of RCW 51.24-.030(1). Ms. Burnett contends, and I agree, the prison guard who caused her injuries and she were not in the “same employ” and, therefore, the trial court erred. I would reach the merits and reverse, not dismiss. After all, Ms. Burnett had little or no choice in assigning her claim against DOC to the Department of Labor and…