Hipple v. McFadden

¶28 (concurring in part and dissenting in part) — I agree with the majority that because a threshold factual question remains as to Carolyn Elsey, the trial court did not err when it denied her CR 12(b)(6) motion to dismiss. I write separately to express my view that in order for the continuous representation rule to apply and toll the statute of limitations, Robert Hippie must bear the initial burden to prove that Deborah McFadden’s and Elsey’s representation was continuous. Because proof of a continuous representation is a crucial threshold step in the rule’s analysis and because Hippie…