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Tate v. Bicknese12/9/2003
Marilee J. Tate appeals the trial court's order granting summary judgment against her in a personal injury action. The court determined that Tate had not effected proper service under RCW 4.28.080. Finding no error, we affirm.
Facts
On September 27, 1998, Tate and Shaun A. Bicknese were involved in a car accident. Tate received various injuries and her car was damaged. Bicknese was 19 years old at the time of the accident, and he resided at his parents' house.
Tate filed a personal injury action against Bicknese on September 10, 2001. Her process server attempted service at Bicknese's parents' home in November and December 2001. Tate also attempted service by mail.
Bicknese moved for summary judgment, alleging invalid service of process and that the statute of limitations had run. The trial court granted the motion, finding Tate's service attempts insufficient as a matter of law.
When reviewing an order granting summary judgment, we engage in the same inquiry as the trial court. Graff v. Allstate Ins. Co., 113 Wn. App. 799, 802, 54 P.3d 1266 (2002), review denied, 149 Wn.2d 1013 (2003). Summary judgment should only be granted when the material facts are not disputed and the moving party is entitled to judgment as a matter of law. CR 56(c). We consider all facts and reasonable inferences therefrom in the light most favorable to the non-moving party. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982). We may sustain the trial court on any correct ground. Nast v. Michels, 107 Wn.2d 300, 308, 730 P.2d 54 (1986).
A personal injury plaintiff must commence suit within three years. RCW 4.16.080(2). She may do so by filing the complaint or serving the summons. RCW 4.16.170. If she commences by filing, then she must serve the defendant personally within 90 days from the date of filing. RCW 4.16.170.
Among other methods, a plaintiff can personally serve a defendant by (1) delivering a copy of the summons to the defendant, or (2) (a) leaving a copy of the summons at the defendant's usual abode (b) with a person of suitable age and discretion (c) then resident therein. RCW 4.28.080(15). Service under the latter alternative, commonly called 'abode service,' must satisfy all three elements. Gerean v. Martin-Joven, 108 Wn. App. 963, 969, 33 P.3d 427 (2001), review denied, 146 Wn.2d 1013 (2002).
Tate commenced this action by filing her complaint on September 10, 2001. She first attempted service, by process-server, on November 14 at Bicknese's parents' house. But by this time, which was over two years after the accident, Bicknese was 22 years old and had moved away from his parents' house. Bicknese's mother so informed the process server, who then left.
The process server then performed a postal trace to determine an address for service. According to Tate's process service company, Falcorp, Ltd., '{a} postal trace is the least expensive method of determining an individual's last known address. Falcorp regularly uses postal traces to find defendants.' Amended Clerk's Papers (ACP) at 17. The trace revealed a post-office box, which was, in turn, traced back to the address of Bicknese's parents' house.
As she knew no other address, the process server attempted service at Bicknese's parents' house again in December 2001, and again she was told that Bicknese did not live there. Nevertheless, she dropped the court documents at Bicknese's father's feet. Bicknese's father had introduced himself as such, and the process server estimated his height at 6-feet 1-inch and his weight at 170 pounds.
The parties do not analyze the 'suitable age and discretion' and 'then resident t
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