Legal Opinion · Dissent

Huff v. Budbill

Washington Supreme Court

Decided June 8, 2000No. 67619-4Published

1DissentIreland, J.

(dissenting) — The majority decision imposes a strict construction of the absent motorist statute (RCW 46.64.040) after two of our recent decisions have applied the appropriate liberal construction to the statute. In so deciding, the majority works a “whiplash” on our jurisprudence of process service in motor vehicle cases.

The majority correctly concludes that the plaintiff failed to demonstrate a good faith belief that the defendant had moved from the state. The majority distinguishes this case from Martin v. Meier, 111 Wn.2d 471, 760 P.2d 925 (1988), which allowed service under RCW…

2Cases cited7 opinions

  1. Waste Management of Seattle, Inc. v. Utilities & Transportation CommissionWashington Supreme Court · 1994
  2. Martin v. MeierWashington Supreme Court · 1988
  3. Sheldon v. FettigWashington Supreme Court · 1996
  4. Sheldon v. FettigWashington Supreme Court · 1996
  5. Martin v. TriolWashington Supreme Court · 1993

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