Gildardo Crisostomo Vargas, Pets. v. Inland Washington, Llc, Res.

• Court: Court of Appeals of Washington
• Decided: September 17, 2018
• Docket: 76717-8
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON c-, GILDARDO CRISOSTOMO VARGAS, ) cza c= --4 an incapacitated person, by and ) DIVISION ONE aa through WILLIAM DUSSAULT, his ) rncl, g -rt '12 •I Litigation Guardian ad Litem; LUCINA ) No. 76717-8-1 TE-or FLORES, an individual; and LUCINA ) —3

FLORES as Guardian ad Litem for ) CP •• c PATRICIA CRISOSTOMO FLORES, ) UNPUBLISHED OPINION And ROSARIO CRISOSTOMO ) FLORES, minor children, ) ) Petitioners, ) ) v. ) ) INLAND WASHINGTON, LLC, a ) Washington limited liability company, ) ) Respondent, ) ) INLAND GROUP P.S., LLC, a ) Washington limited liability company; ) RALPH'S CONCRETE PUMPING, ) INC., a Washington corporation; and ) MILES SAND & GRAVEL COMPANY ) d/b/a CONCRETE NOR'WEST, a ) Washington corporation, ) ) Defendants. ) FILED: September 17, 2018 )

DWYER, J. — In light of the Supreme Court's decision in Afoa v. Port of Seattle,

191 Wn.2d 110, 421 P.3d 903(2018), which reversed this court's decision in Afoa v.

Port of Seattle, 198 Wn. App. 206, 393 P.3d 802(2017), the standards for discretionary No. 76717-8-1/2

review set forth in RAP 2.3(b)(4) are not met. Accordingly, we deem review

improvidently granted.

This matter is remanded to the superior court for further proceedings, as if review

had never been granted by this court in the first instance.

Dismissed.