Legal Opinion
Emsley v. Army National Guard
Washington Supreme Court
Decided July 31, 1986No. 51821-1PublishedCited by 9 opinions
1Opinion of the CourtBrachtenbach, J.
This case presents the question whether the State of Washington may be sued for torts committed against United States Army personnel by members of the Washington National Guard. We hold that the State is not immune from suit, and in so holding, we affirm the trial court denial of the State's motion for dismissal.
On August 20, 1983, five United States Army soldiers on active duty were marching along a public road at Fort Lewis. A howitzer shell, fired moments earlier by members of the Washington National Guard as part of a training exercise, exploded next to the road. The explosion severely…
2Cases cited8 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- Evangelical United Brethren Church v. StateWashington Supreme Court · 1965
- Maryland Ex Rel. Levin v. United StatesSupreme Court of the United States · 1965
- Mason v. BittonWashington Supreme Court · 1975
- Miotke v. City of SpokaneWashington Supreme Court · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Trankel v. State, Dept. of Military AffairsMontana Supreme Court · 1997
- Estate of Burris v. StateCourt of Appeals of Maryland · 2000
- Nyberg v. State Military DepartmentWyoming Supreme Court · 2003
- Estate of Himsel v. StateAlaska Supreme Court · 2001
- Kirtley v. StateCourt of Appeals of Washington · 1987
4 more not listed; retrieve them via the Exa API.