Schoonover v. State

Scott Schoonover executed a durable power of attorney, authorizing Don Phelps, his attorney, to file a tort claim against the Department of Social and Health Services (State) on his behalf. Phelps prepared, verified, signed, and filed the claim against the State on Schoonover’s behalf. The trial court granted the State’s motion to dismiss for lack of subject matter jurisdiction, finding that Schoonover failed to personally verify his complaint as required by RCW 4.92.100. Schoonover appeals the trial court’s decision arguing that it was based on *176an incorrect reading of the statute, equitable…