Legal Opinion
Adkinson v. Digby, Inc.
Washington Supreme Court
Decided March 24, 1983No. 49000-7PublishedCited by 18 opinions
1Opinion of the CourtDimmick, J.
The following issue was certified by the United States Ninth Circuit Court of Appeals:
Is an action timely filed under RCW 4.16.170 if the complaint is filed on the last day permitted under the relevant statute of limitations and the defendant, although not served with process within 90 days thereafter, files a voluntary notice of appearance within those 90 days?
Our answer is no.
The stipulated facts reveal the following chronology:
October 6,1976 Automobile accident involving the parties occurring on Interstate 5.
October 4, 1979 Plaintiffs' counsel sent a copy of complaint to defendants'…
2Cases cited4 opinions
- Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1944
- Seamans v. WalgrenWashington Supreme Court · 1973
- Citizens Interested in the Transfusion of Yesteryear v. Board of Regents of the University of WashingtonWashington Supreme Court · 1976
- Matthies v. KnodelCourt of Appeals of Washington · 1977
3Cited by18 opinions
- Haberman v. Washington Public Power Supply SystemWashington Supreme Court · 1988
- Lybbert v. Grant CountyWashington Supreme Court · 2000
- Gross v. SundingCourt of Appeals of Washington · 2007
- Gerean v. Martin-JovenCourt of Appeals of Washington · 2001
- Gross v. SundingCourt of Appeals of Washington · 2007
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