Legal Opinion
Breuer v. Presta
Court of Appeals of Washington
Decided January 29, 2009No. 26843-8-IIIPublishedCited by 6 opinions
1Opinion of the CourtSweeney, J.
¶1 This is a medical malpractice case. The essential question before the court is whether the plaintiff’s letters to the defendant physician amounted to a good faith request for mediation, a request that would have tolled the otherwise three-year statute of limitations. We conclude that the words used do not amount to a “request” for mediation, and we therefore affirm the trial judge’s summary dismissal.
FACTS
¶2 On March 1, 2004, Leonard M. Breuer sought treatment from Dr. Douglas Presta for an ankle injury. Dr. Presta diagnosed the problem as a sprain or strain. The ankle continued to bother…
2Cases cited21 opinions
- Tapper v. Employment Security DepartmentWashington Supreme Court · 1993
- Folsom v. Burger KingWashington Supreme Court · 1998
- Folsom v. Burger KingWashington Supreme Court · 1998
- State v. ThorneWashington Supreme Court · 1996
- Duke v. BoydWashington Supreme Court · 1997
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3Cited by6 opinions
- Cox v. OASIS PHYSICAL THERAPY, PLLCCourt of Appeals of Washington · 2009
- Cox v. Oasis Physical Therapy, PLLCCourt of Appeals of Washington · 2009
- CORTEZ-KLOEHN v. MorrisonCourt of Appeals of Washington · 2011
- Cortez-Kloehn v. MorrisonCourt of Appeals of Washington · 2011
- David M. Fraley, V. Commonspirit HealthCourt of Appeals of Washington · 2023
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