SEATTLE (Legal Newsline) - Boeing has received a favorable ruling from a federal judge that potentially stops a lawsuit blaming it for a murder-suicide near its plant in Renton, Wash.
Seattle federal judge Kymberly Evanson on March 29 granted the company's motion to dismiss the lawsuit filed by the estate of the murder victim, Isaiah Washington. The case claimed Boeing was at fault, but the company pointed out the crime did not occur on its property.
The complaint said Washington was caught in a love triangle involving Rachel Pettit and murderer Ralph O'Connor.
"At oral argument, Plaintiff’s counsel suggested that as soon as Boeing had notice that Pettit was involved in sexual relationships with two of her subordinates, it should have separated Pettit, O’Connor, and Washington, rather than continue to schedule them to work together at the same facility on the same schedule, particularly in light of O’Connor’s previous aggressive behavior," Evanson wrote.
"The complaint does not indicate when Boeing knew or should have known of Pettit’s relationships with O’Connor and Washington, however, nor does the complaint detail the nature of O’Connor’s previous behavior that gave rise to workplace discipline, such that it is not clear that Boeing was on notice that O’Connor had any propensity for violence."
The suit contends O'Connor had made threatening remarks to Boeing employees but the company failed to act on them. O'Connor knew what time Washington's shift would start on Nov. 21, 2022, and shot him as he walked through Renton Landing to the Boeing plant.
"O'Connor was not at work when he pulled the trigger," the motion to dismiss says. "The shooting did not take place on Boeing's property or during work hours.
"O'Connor's independent actions, while tragic, were unforeseeable, and were in no way connected to work."
O'Connor had previously been suspended by Boeing for threatening another employee and was married during his relationship with Pettit.
Boeing says the timeline of events doesn't lead to a conclusion it was negligent. O'Connor had texted coworkers that he wanted to 'pull the trigger,' and a manager was aware of it and other messages.
"The messages at issue, though, were sent the weekend before the shooting and O'Connor never returned to work before he killed Mr. Washington on Monday," the motion says.
"In other words, Boeing did not decide to retain O'Connor after it allegedly learned of the text messages. Further, foreseeability is an essential element of all negligence claims, but the complaint contains no allegations suggesting that Boeing knew or should have known that O'Connor might kill or harm somone other than himself."
The texts only show O'Connor was suicidal, Boeing says. The company is represented by Laura Hill and other attorneys from Perkins Coie in Seattle.
The plaintiff is represented by Sumeer Singla of Williams, Kastner & Gibbs PLLC based in Seattle, and Lawand Anderson of L.A. Law & Associates in Des Moines, Wash.
Evanson also rejected claims for race- or sex-based discrimination but gave plaintiff lawyers until April 19 to file an amended complaint.