Additional cases accepted for review
Several additional cases were accepted for review from the court’s en banc conference:
Williams v. Leone & Keeble, Inc., No. 83743-1. Delbert Williams was injured on the job in Idaho while working for a subcontractor of a Washington general contractor. Mr. Williams submitted a worker's compensation claim in Idaho and was paid worker compensation benefits by the Idaho State Insurance Fund. Later, he sued the general contractor for negligence in Washington. The trial court dismissed the action, and the Court of Appeals (Div. 3) held that Williams was barred from relitigating the issue in a new jurisdiction.
Roe v. Teletech Customer Care Mgmt., No. 83768-6. TeleTech terminated newly-hired employee Jane Roe (a pseudonym) after she failed a pre-employment drug screening test. Roe was authorized to use medical marijuana under the Medical Use of Marijuana Act. Roe sued Teletech alleging wrongful termination, arguing on appeal that the Act allows a civil cause of action and that it expresses a public policy favoring medical marijuana. The Court of Appeals (Div. 2) rejected Roe’s appeal, noting that the Act only allows a defense to criminal prosecution but does not create any civil cause of action. The ACLU of Washington, which filed a brief in Roe's support, has more on the case.
Union Elevator & Warehouse Co. v. Dept of Transp., No. 83771-6. Union Elevator brought an inverse condemnation action, alleging that a Department of Transportation highway project had destroyed access to its property. The Court of Appeals (Div. 3) previously ruled in Union Elevator’s favor, holding that it was entitled to relocation assistance benefits under Washington's Relocation Assistance and Real Property Acquisition Policy Act. In this subsequent appeal, the Court of Appeals held the State is liable for interest on damages under the Relocation Act, but denied attorney fees in excess of the statutory maximum under the Equal Access to Justice Act.
In re PRP of Raymond Martinez, No. 83219-6.
