Legal Opinion

Powers v. W.B. Mobile Services, Inc.

Court of Appeals of Washington

Decided October 15, 2013No. 42797-4-IIPublishedCited by 4 opinions

1Opinion of the CourtBjorgen, J.

¶1 Jesse Powers appeals the dismissal of W.B. Mobile Services Inc. as a defendant in his personal injury case based on the statute of limitations. Powers argues that his claim was timely under RCW 4.16.170 and CR 15(c) because (1) he properly identified W.B. Mobile as “John Doe One” in his original complaint, (2) W.B. Mobile had actual notice of Powers’s claim, and (3) Powers’s service on the other defendants tolled the statute for 90 days. We hold that Powers’s claim was timely brought under RCW 4.16.170 and its implementing case law, but we do not reach whether his amended complaint relates…

2Cases cited6 opinions

  1. Smith v. Safeco Ins. Co.Washington Supreme Court · 2003
  2. Smith v. Safeco InsuranceWashington Supreme Court · 2003
  3. Sidis v. Brodie/Dohrmann, Inc.Washington Supreme Court · 1991
  4. North Street Ass'n v. City of OlympiaWashington Supreme Court · 2006
  5. Bresina v. Ace Paving Co.Court of Appeals of Washington · 1997

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Powers v. W.B. Mobile Services, Inc.Washington Supreme Court · 2014
  2. Huntington v. Smoke City for Less LLCDistrict Court, E.D. Washington · 2024
  3. Powers v. WB Mobile Servs., Inc.Washington Supreme Court · 2014
  4. Powers v. WB Mobile Servs., Inc.Washington Supreme Court · 2014

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API