Omaits v. Raber

Jeffrey Omaits appeals a summary judgment dismissing his personal injury lawsuit against Jeffrey Raber because of defective service of process. Omaits claims that he complied with the requirements of the nonresident motorist statute (RCW 46.64.040), but that if he did not, Raber nevertheless waived his CR 12(b) defenses. We affirm.

The collision occurred on June 21, 1985, in Kitsap County. Negotiations with Raber's insurer failed to produce a settlement, and Omaits filed his summons and complaint 2 months before the statute of limitations would have expired. Raber was then living in…