Plouffe v. Rook

Schindler, A.C.J.

¶1 In October 1998, Darrell R. Plouffe filed a lawsuit against Paul M. Rook for injuries he sustained in a rear-end automobile collision. In February 2000, the Snohomish County Clerk sent a CR 41(b)(2) notice of dismissal for want of prosecution to Plouffe’s attorney. A month later, the court dismissed Plouffe’s lawsuit without prejudice. Five years later, Plouffe filed a motion to reinstate his lawsuit under CR 41(b)(2)(B). Plouffe claimed he did not know about the notice of dismissal and he filed a motion to reinstate as soon as he learned his lawsuit was dismissed. Relying…