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McGill v. Auburn Adventist Academy5/31/2005
James McGill was severely injured when an electric kitchen appliance shocked him while he was working in a home economics classroom at his boarding school, the Auburn Adventist Academy (Academy). McGill and his parents sued the Academy, the Washington Conference of Seventh Day Adventists (Conference), the Western Washington Corporation of Seventh Day Adventists (Corporation), his teacher Shelley Kilgore, and the North Pacific Union Conference (NPUC). The trial court dismissed all claims against all defendants on summary judgment.
We affirm summary judgment in favor of the Academy, which is immune under the Industrial Insurance Act (IIA) as McGill's employer. We also affirm summary judgment in favor of the NPUC because McGill failed to raise issues of material fact on all elements of his claim against the NPUC. We reverse summary judgment in favor the Conference, the Corporation, and Shelley Kilgore and her marital community. McGill has raised genuine issues of material fact on his consent to employment by the Conference and on the issue of identity between the Academy and the Conference. He also raised issues of material fact as to whether he and Kilgore were in the same employ. McGill's parents' claims share the same result as McGill's claims.
FACTS
James McGill was a boarding student at the Academy in Auburn, Washington. McGill worked in the home economics classroom. He earned credit toward his tuition, room, and board at the Academy for his work. McGill also worked in other positions at the Academy, and at times at other schools during other years.
On September 11, 1998, McGill helped his teacher Shelley Kilgore with class. After class, he was given permission to make himself a crepe. He took an electric crepe maker to a work station. Kilgore had originally purchased the crepe maker for personal use and then brought it to the school for classroom use. The handle of the crepe maker was cracked and broken. Kilgore was aware that it was cracked. She did not warn McGill that the handle was cracked before he started making crepes that morning. When McGill plugged the crepe maker into an outlet and grasped the handle, he was shocked.
McGill went to a clinic and was examined on the day of the shock. The Department of Labor and Industries (Department) paid and then closed McGill's claim. McGill later began experiencing symptoms of cardiac injury, and a pacemaker was implanted in January 2002. The Department reopened McGill's claim, paid for McGill's heart operation, and determined he is permanently partially disabled.
McGill sued the Academy, the Conference, the Corporation, the NPUC, Shelley Kilgore, and Robert Kilgore. His claims against the various parties included negligence, negligent supervision of students and teachers, failure to inspect, failure to train, vicarious liability, failure to keep premises safe and fit for human habitation, and failure to warn. McGill's parents were also named as plaintiffs in the lawsuit. Defendants moved for summary judgment and argued that the Academy, the Conference, and the Corporation were all immune as McGill's employer under the IIA. Defendants argued that the Academy, the Conference, and the Corporation are the same entity, or are parent/subsidiary entities such that immunity flows from the child to the parent. Defendants argued that Kilgore was immune as McGill's co-worker under the IIA, and that NPUC owed no duty to McGill. Defendants argued that since McGill's claims against these defendants were barred or otherwise improper, his parents' claims were similarly barred or improper. The trial court granted summary judgment and dismissed all claims against all defendants. McGill and his pare
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