Francisco Entila Et Al., Appellants, v. Gerald Cook Et Al., Respondents

Leach, J. —

¶1 Francisco Entila appeals the trial court’s summary dismissal of his tort claim against his fellow employee, Gerald Cook, and its consideration of challenged evidence. The trial court decided that RCW 51.08.013 provided Cook immunity if the alleged tort occurred on the jobsite. Because Cook must also show that he was working at the time to establish immunity, we reverse.

¶2 The trial court considered Entila’s receipt of workers’ compensation benefits when deciding Cook’s motion to dismiss. RCW 51.24.100 and the collateral source rule bar consideration of this evidence in a…