Fray ex rel. Fray v. Spokane County

952 P.2d 601, 134 Wash. 2d 637, 1998 Wash. LEXIS 149
CourtWashington Supreme Court
DecidedMarch 12, 1998
DocketNo. 65236-8
StatusPublished
Cited by56 cases

This text of 952 P.2d 601 (Fray ex rel. Fray v. Spokane County) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fray ex rel. Fray v. Spokane County, 952 P.2d 601, 134 Wash. 2d 637, 1998 Wash. LEXIS 149 (Wash. 1998).

Opinion

Smith, J.

Petitioners Spokane County and the Spokane County Sheriff Department seek review of a decision of the Court of Appeals, Division III, reversing a decision by the [640]*640Spokane County Superior Court granting summary judgment to Petitioners which dismissed a negligence action by Respondent David P Fray, ruling that his exclusive remedy was under the Industrial Insurance Act, Title 51 RCW, which barred other civil causes of action.1 We affirm.

QUESTION PRESENTED

Whether a law enforcement officer under Plan II of the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System Act (LEOFF), RCW 41.26, may bring an action for negligence against the officer’s employer for injury received in the line of duty when the officer has received workers’ compensation benefits under the Industrial Insurance Act, Title 51 RCW for the same injury.

STATEMENT OF FACTS

The facts in this case are not disputed. Respondent David E Fray is a law enforcement officer and deputy sheriff employed by Petitioner Spokane County Sheriff Department.2 *Respondent began his employment with the Spokane County Sheriff Department as a cadet in 1976 and was commissioned as a deputy sheriff in January 1978.3

The pertinent events leading to this action for negligence occurred on October 21, 1993.4 Respondent was on duty alone in his patrol car when he was dispatched to 4282 Big Foot Lane, approximately 30 miles north of Spokane, to respond to an altercation between an armed homeowner and [641]*641some loggers working nearby.5 Another deputy was also dispatched to the scene, but was immediately called back because his shift was almost over.6 Consequently, Respondent Fray arrived at the scene of the altercation without backup assistance.7 He tried to convince the armed homeowner to lay down his rifle.8 The homeowner refused. There was a struggle when Respondent Fray attempted to disarm him. During the struggle, Respondent was hit in the head with the butt of the homeowner’s rifle.9 He was later rushed to the hospital with a closed head injury.10 Respondent claims that, as a result of the injury, he suffers “constant headaches, memory problems, multiple attention deficit problems, intermittent loss of control of his right hand, loss of the ability to speak coherently, retarded reaction times, judgment problems, as well as other problems, the full extent of which may not yet be known.”11

A claim for workers’ compensation benefits for Respondent Fray’s injury was made on November 19, 1993 under the Industrial Insurance Act, RCW Title 51.12 The Department of Labor and Industries authorized the claim. Respondent received workers’ compensation benefits for his injury.13

On January 17, 1995, Respondent Fray filed a lawsuit against Petitioners in the Spokane County Superior Court claiming his injury was caused by their negligence.14 [642]*642Petitioners moved for summary judgment. The Honorable Larry M. Kristianson granted the motion, stating:

Defendant’s Motion for Summary Judgment is hereby granted dismissing Plaintiffs’ claims with prejudice pursuant to the provisions of the exclusive remedies provided under the Industrial Insurance Act, Title 51.[15]

The Industrial Insurance Act, Title 51 RCW, and specifically RCW 51.04.010, effective since 1977, provides in relevant part:

Declaration of police power—Jurisdiction of courts abolished. . . . The state of Washington, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for workers, injured in their work, and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as otherwise provided in this title; and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the state over such causes are hereby abolished, except as in this title provided.

(Emphasis added.)

Respondent Fray appealed to the Court of Appeals, Division III, arguing that the Legislature expressly granted LEOFF Plan II members the “right to sue” under RCW 41.26.280 in 1971, and that the 1992 amendment purporting to take away that right was unconstitutional.16 Respondent further asserted he had a right to sue his employer despite receiving workers’ compensation benefits under the Industrial Insurance Act, Title 51 RCW17 The Court of Appeals, the Honorable Dennis J. Sweeney writing, agreed with Respondent Fray on all relevant issues and reversed the trial court’s grant of summary judgment, stating:

[643]*643The Legislature granted LEOFF Plan II members the “right to sue” their employers for negligence. The attempted amendment by the Legislature in 1992 violates both sections 19 and 37 of article II of the Washington State Constitution. Deputy Fray’s receipt of benefits under the Industrial Insurance Act also does not bar his right to sue his employer. We reverse the trial court’s grant of summary judgment and reinstate Deputy Fray’s cause of action.[18]

Petitioners Spokane County and the Spokane County Sheriff Department then sought review by this Court, which was granted on July 8, 1997.

Legislative History

In 1969, the Legislature enacted a comprehensive benefits plan for police officers and fire fighters titled the “Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System Act,” commonly referred to as LEOFF.19 This system of benefits was codified as RCW 41.26. LEOFF was amended in 1971 to provide greater benefits to injured police officers and fire fighters than they would receive under the workers’ compensation system.20 One such benefit codified in former RCW 41.26.280 granted LEOFF members a “right to sue” their employers for negligence.21 This new provision read as follows:

If injury or death results to a member from the intentional or negligent act or omission of [the] member’s governmental employer, the member, the widow, widower, child, or dependent of the member shall have the privilege to benefit under this chapter and also have cause of action against the governmental employer as otherwise provided by law, for any excess of dam[644]*644

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Cite This Page — Counsel Stack

Bluebook (online)
952 P.2d 601, 134 Wash. 2d 637, 1998 Wash. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fray-ex-rel-fray-v-spokane-county-wash-1998.