Micomonaco

Plaintiffs, Mario Micomonaeo and his wife Mary Micomonaeo (“Mieomonacos”) brought this suit against the State of Washington (‘Washington”) after Mario Micomonaeo incurred injuries while working on a state-owned ferry. The district court granted Washington’s motion to dismiss for lack of jurisdiction based on the Eleventh Amendment to the Constitution of the United States. The Mieomonacos appeal this ruling or, in the alternative, move the court to certify the question whether Washington’s statutory scheme waives its Eleventh Amendment immunity from suits based on the Jones Act to the Supreme Court of Washington. We affirm the district court and deny the motion to certify the question.

I.

At the time the accident occurred, Mario Micomonaeo was a seaman employed by the Washington State Ferry System. He alleged that he sustained injuries while working aboard the M/V Evergreen State, which was in drydock for periodic repairs. He alleges his supervisor ordered him to paint portions of the overhead ceiling in a generator room and that, because he was improperly instructed and was provided with inadequate equipment to complete the assignment, he fell, sustaining painful and permanent…