Affiliated FM Insurance Co. v. LTK Consulting Services, Inc.
Washington Supreme Court
243 P.3d 521 (2010)
The City of Seattle contracted with Seattle Monorail Services (SMS) to operate the monorail and separately with LTK (defendant) to inspect and repair the system's engineering. When an electrical fire seriously damaged a moving monorail car, SMS's insurer, Affiliated FM (plaintiff), paid over $3 million under its fire policy and, standing in SMS's shoes, sued LTK for negligently failing to make necessary repairs. LTK argued it owed no tort duty to SMS because SMS didn't own the monorail and its only relationship with LTK ran through the City's contract.
Whether, under Washington's independent duty doctrine, an injury is remediable in tort where it can be traced to a breach of a duty existing independently of the parties' contract.