Washington Supreme Court
Folsom v. Burger King
July 9, 1998958 P.2d 301
Summary
The Washington Supreme Court held that the estates of two employees murdered during a robbery at a Spokane Burger King could not recover from any defendant: Hatter, Inc.'s Industrial Insurance Act immunity stands because the 'deliberate intention' exception of RCW 51.24.020 requires actual knowledge that injury is certain to occur plus willful disregard, which the evidence did not show; the dual-persona landowner theory fails because site-specific franchise and lease agreements left Hatter's landholder status inseparable from its employer status; franchisor Burger King owed no duty because it retained no control over day-to-day operations; and Spokane Security owed no duty because its terminated contract and passively retained alarm equipment created neither a special relationship nor a voluntary-rescue undertaking. The court also confirmed that summary judgment review is de novo over the entire record, including redacted expert material, while affirming the exclusion of portions of the expert affidavits. No separate writings accompanied the opinion.