Thomas v. Przbylski

This case, one of first impression in Washington, presents a single issue: Must a defendant who joins a municipal corporation as a third-party defendant, seeking contribution or indemnification, comply with the claim statute, RCW 35.31, before he has made a payment to plaintiff or had judgment rendered against him. Our answer is No.

Whether a claim is against a charter city or a noncharter city or town, a claimant is required to file a claim within 120 days from the date “that the damage occurred or the injury was sustained.” 1

An accident on March 17, 1971, led to a suit for personal injury…