Allen v. State

(concurring) — I concur in the result reached by the majority. I concur specially only because I disagree with the majority opinion insofar as it is stated that " [assuming, without deciding, that the discovery rule applies to this case". Majority, at 274. As we stated in In re Estates of Hibbard, 60 Wn. App. 252, 258, 803 P.2d 1312 (1991), the discovery rule should apply in all negligence cases and I do not wish to see us detract from that opinion. However, because I agree with the majority that reasonable minds could only conclude that Allen failed to diligently *278pursue her wrongful death…