Teela Bauer et al v. The Boeing Company et al
- The Bauers sued Boeing for negligence, alleging that occupational exposure to solvents and heavy metals caused their son, conceived after the alleged exposure, to be born with severe birth defects. The superior court denied Boeing’s motion to dismiss but certified two issues for review. The first issue is whether Washington law recognizes an employer’s duty to an employee’s not-yet-conceived child, i.e., a “preconception duty.” The second issue is, if Washington law recognizes such a duty, whether a claim for breach of the preconception duty is barred by the exclusivity provision of the Washington Industrial Insurance Act, Title 51 RCW. This court granted discretionary review as to both issues. COA # 875931. King County Superior Court # 24-2-08863-6 SEA.