Nearing v. Golden State Foods Corp.

114 Wn.2d 817 (1990)

792 P.2d 500

DAVID NEARING, Respondent,

v.

GOLDEN STATE FOODS CORPORATION, Petitioner.

No. 55857-4.

The Supreme Court of Washington, En Banc.

June 7, 1990.

Bogle & Gates and Peter M. Anderson, for petitioner.

Kathryn A. Ellis, for respondent.

CALLOW, C.J.

This case began when David Nearing commenced an action against Golden State Foods Corporation. Nearing served a summons, but not a complaint, on Golden State on October 18, 1985, shortly before the statute of limitations would have run on his cause of action. Thereafter Nearing changed counsel and, on January 16, 1986, within 90…