Entila v. Cook (Majority)Annotate this Case
Gerald Cook and Francisco Entila were both employees of the Boeing Company. Early in the morning on February 18, 2010, Cook finished work and walked to his vehicle in an employee parking lot. He was driving his personal vehicle out of the lot and onto a Boeing access road. The access road is located on Boeing's property, and it is maintained by Boeing. As Entila walked across the access road, Cook struck and injured him. Entila received workers' compensation benefits for his injuries and filed suit against Cook for negligence. The issue this case presented for the Supreme Court's review centered on the scope of the immunity provisions of the Industrial Insurance Act (IIA) as applied to a third party tort action against another employee when the accident occurred after working hours, but where the injured plaintiff qualified for benefits under the act. The trial court dismissed the suit on summary judgment, holding the act applied to bar suit. The Court of Appeals reversed, holding that immunity did not apply because the alleged co-employee tortfeasor was not acting in the scope and course of employment. The court also reversed the court's consideration of an injured plaintiff's receipt of IIA benefits in determining immunity. The Supreme Court affirmed the Court of Appeals.