Thorabelle I. Folsom, as Personal Representative v. Burger King, Respondents Dianna J. Hartvigsen, as Personal…

Summary

The Washington Supreme Court reversed the trial court's denial of summary judgment on the estates' 'deliberate intention' claim against employer Hatter, Inc., holding the evidence showed at most negligence, not the actual knowledge that injury was certain to occur plus willful disregard required by RCW 51.24.020, so Industrial Insurance Act immunity applies. It affirmed summary judgment for Hatter, Inc. and Edwin Hatter on the 'dual persona' theory because the franchise and lease agreements confined the premises' use to operating a Burger King restaurant, leaving no independent landowner persona. It also affirmed summary judgment for franchisor Burger King, adopting the approach that a franchisor owes a franchisee's employees no duty absent retained control over daily operations, and for Spokane Security, finding no special relationship and no voluntary-rescue undertaking because the monitoring contract had been terminated before any danger arose. The court further held that de novo review of a summary judgment order encompasses the entire record, including expert evidence the trial court struck, while affirming those exclusions.