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OTTESEN v. FOOD SERVICES OF AMERICA, INC.

No. 32740-6-II.

126 P.3d 832 (2006)

131 Wash.App. 310

Carla OTTESEN, as Personal Representative of the Estate of Bernard Ottesen, deceased, Respondent, v. FOOD SERVICES OF AMERICA, INC., a Washington corporation and Darrell Corgatelli and "Jane Doe" Corgatelli, husband and wife, Appellants.

Court of Appeals of Washington, Division 2.

January 24, 2006.

Attorney(s) appearing for the Case

Phillip C. Raymond, Jessica B. Jensen, Attorneys at Law, Seattle, WA, for Petitioners.

Stephen Louis Bulzomi, Messina/Bulzomi, University Place, WA, for Respondent.

PENOYAR, J.

¶ 1 Food Services of America (FSA) and Darrell Corgatelli appeal the grant of summary judgment in favor of Carla Ottesen, widow of deceased Bernard Ottesen, asserting that her claims are barred by the exclusive remedy provision of Washington's Industrial Insurance Act (IIA). Ottesen contends that her suit falls within the "parking area" exception of the IIA because the staging yard where Ottesen was injured was a "mixed-use" area, Ottesen was not...

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