Nippon Dynawave Packaging Co. is seeking to dismiss one of the first lawsuits filed by the family members of employees killed in a chemical spill at the company’s paper mill in Longview, Washington, this spring. The company may be protected under the state’s century-old workers’ compensation act.
In documents filed this week in Cowlitz County Superior Court, attorneys for Nippon Dynawave argue the company should have immunity from Mackenzie Ammons’ lawsuit. Ammons’ husband, Jared Ammons, was killed along with 10 other employees.
Nippon Dynawave attorneys said liability would require the employer to have “had actual knowledge that an injury to Mr. Ammons was certain to occur,” the motion states, and that the company “willfully disregarded that knowledge.”…