Wagg v. Estate of Dunham

Gregg Wagg appeals the trial court’s summary judgment dismissal of his personal injury claim *37against the estate of Bard Dunham. The trial court dismissed Mr. Wagg’s lawsuit because he failed to file a creditor’s claim with the estate before commencing his lawsuit and before the expiration of the three-year statute of limitations. The trial court reasoned that former RCW 11.40.080 (1994), which made the filing of a creditor’s claim a condition precedent to the maintenance of a lawsuit against a decedent’s estate, rendered even a timely commenced personal injury action a nullity in the event…