Doris M. Calder v. Max D. Crall and Sgt. Terry L. Earl
Opinion
Opinion
Alarcon, J.
Max D. Crall (Crall) and Sgt. Terry L. Earl (Earl) appeal a judgment awarding personal injury damages to Doris M. Calder (Calder). We reverse the judgment, because we find that Calder’s action is barred by the exclusivity provision of the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 933 (i).
FACTS
On March 27, 1975, at the time of the injury, Calder was employed by the Army and Air Force Exchange Service (AAFES) as a cashier at the Base Exchange Cafeteria at Fairchild Air Force Base, located in Spokane, Washington. Earl was a non-commissioned officer on active duty with the Air Force, assigned to Fairchild Air Force Base. Earl was' ordered to post disaster shelter signs at various locations on the base. Crall, a civilian carpenter employed at the base, was assigned to assist Earl in posting the signs.
In order to post the metal shelter signs, Crall obtained a Ram-Set fastener gun from the base carpentry shop. The gun, activated by a .22 caliber shell, blasts a steel nail into concrete, steel or wood. When Crall and Earl were posting a shelter sign on an interior wall of the Base Operations Building, a nail from the gun penetrated the wall and struck…