CREWMEMBER ON VESSEL STUCK BY NEEDLE UNABLE TO PROVE NEEDLE HAD HEPATITIS C AND COURT RULED THAT THE PENNSYLVANIA RULE AND SENTILLES DID NOT APPLY UNDER THESE CIRCUMSTANCES.
NELLIE T. CRANE and QUENTIN BARRYMAN, husband and wife, andtheir community, Appellants, vs. THE STATE OF WASHINGTON; The WASHINGTON STATEDEPARTMENT OF TRANSPORTATION; The WASHINGTON STATE FERRY SYSTEM, and The F/VWalla Walla, Respondents.
No. 45258-4-I
COURT OF APPEALS OF WASHINGTON, DIVISION ONE
2000 Wash. App. LEXIS 1905
October 2, 2000, Filed
OVERVIEW: Plaintiffs filed a negligence claim against defendant state transportation department, alleging that plaintiff seaman had contacted hepatitis C after sticking her finger on a diabetic's lancet while cleaning a ferry passenger cabin as a result of defendant State's failure to follow regulations regarding bloodborne pathogens. The trial court granted summary judgment for defendants, finding that no genuine issue of material fact existed because plaintiff seaman was unable to prove proximate cause. The court affirmed. Despite defendant state transportation department's violation of applicable Washington State Industrial Safety and Health Act regulations on bloodborne pathogens, the Pennsylvania rule did not apply to shift the burden on causation to defendant state transportation department, as the violation pertained to a general safety statute instead of a maritime-specific statute. Plaintiffs failed to present evidence to meet even the reduced burden of proof on causation that they had in the case.
OUTCOME: Trial court's grant of summary judgment for defendants was affirmed. Because defendant state transportation department had violated a general safety statute instead of a maritime-specific statute, the Pennsylvania rule did not apply to shift burden of proof on causation to it in plaintiffs' maritime-related negligence action.
