Case Details

The Estate of Alan Davis v. Baugh Industrial Contractors, et. al.

Graham Lundberg & Peschel, through one its founders and senior partners, Scott F. Lundberg, has represented the estate of a worker, Alan Davis, through his personal representative, Tami Davis, in a wrongful death lawsuit. Alan Davis was tragically killed in an industrial accident on December 19, 2000. After six years of diligent work and advocacy by Mr. Lundberg, and the skilled appellate work of Seattle attorney Phil Talmadge, the case has led to an important change in Washington's common law that will benefit Washington's workers and their families for the 21^st century.

The Facts of the Case:

On October 12, 1992, Baugh Industrial Contractors (Baugh) entered into a contract to build a network of subterranean pipes for a processing facility belonging to Glacier Northwest. In turn, Baugh hired E.J. Rody & Sons, Inc. (Rody) to install the on site utilities and underground piping for the facility. In the course of its work, Rody assembled and installed high-density polyethylene pipes and buried the piping underground. Rody had exclusive control over the installation. The project was substantially completed in April 1997 and Glacier accepted the work. Shortly thereafter, Glacier began operating the facility.

In December 2000, after observing that a pond had formed, Glacier suspected a leak in one of the underground pipes. Alan Davis was the foreman of the crew assigned by Glacier to excavate the area and find the leak. While the pipeline was still covered with several feet of dirt, Mr. Davis entered the excavated hole to try to pinpoint the leak. Tragically, several cement blocks, weighing between 1,500 and 1,800 pounds each, fell into the hole when a nearby wall collapsed. One of the blocks crushed Mr. Davis's chest and pinned him to the ground. Mr. Davis later died of his injuries.

Evidence suggested that one of the high-density polyethylene pipes, which had a useful life of up to 100 years, had failed. This might have been because of a gouge or dent in the pipe.

Tami Davis, Mr. Davis's daughter retained Graham Lundberg & Peschel, was appointed personal representative of her father's estate, and filed this negligence suit against Baugh among others.

The trial court granted summary judgment for Baugh on the ground that the completion and acceptance doctrine relieved Baugh of liability for negligence after the work was completed and accepted by the property owner. On direct appeal to the Washington Supreme Court from the Superior Court, Graham Lundberg & Peschel argued that the trial court erred. The Washington Supreme Court agreed and reversed the trial court's decision.

New Law in Washington:

In a 6-3 opinion written by Justice Chambers and published by the Court on January 18, 2007, the Washington Supreme Court did away with the "completion and acceptance" doctrine that shielded contractors from liability for negligent work. The Court stated that "this doctrine is outmoded, incorrect, and harmful, we now join the 37 states that have abandoned it."

CALL THE ATTORNEYS AT GRAHAM LUNDBERG & PESCHEL:

In the North Puget Sound, which includes Seattle, and King, Snohomish, Island, Skagit and Whatcom Counties at:

1-800-422-4610

In the South Puget Sound, which includes Tacoma, Port Orchard and Pierce, Thurston, Kitsap, Mason and Lewis Counties at:

1-800-273-5005