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Young v. Estate of Snell12/24/1997
Washington Supreme Court
No. 64165-0
948 P.2d 1291, 134 Wash.2d 267, 1997.WA.42307
December 24, 1997
WILLIAM YOUNG AND KAROLYN R. YOUNG, HUSBAND AND WIFE, RESPONDENTS,
v.
THE ESTATE OF REX LEE SNELL, BY AND THROUGH ITS PERSONAL REPRESENTATIVE, HARRY B. PLATIS, PETITIONER.
The opinion of the court was delivered by: Alexander, J.
En Banc
-- The Estate of Rex Lee Snell obtained review of an order of the Pierce County Superior Court denying its motion for a summary judgment dismissing William and Karolyn Young's (Young) lawsuit against it for personal injuries. In this review we are called upon to determine what time limitation, if any, applies to a lawsuit for personal injuries that is maintained against the estate of an alleged tort-feasor who was insured at the time of the injury, but died prior to the expiration of the statute of limitations that would have applied to a suit against the deceased had he lived. We conclude that suit must be brought within three years of the date of the conduct giving rise to the cause of action. Because it is conceded that the conduct giving rise to Young's lawsuit occurred more than three years prior to the time Young perfected the lawsuit against the Snell Estate, we reverse the trial court and remand for entry of an order granting the Estate's summary judgment motion.
On August 29, 1991, William Young, a Washington resident, was involved in an automobile accident in Pierce County, Washington. Young contends that the accident was caused by Rex Snell, a California resident. At the time the accident occurred, Snell had automobile liability insurance. Slightly over a year from the date of the accident, Snell died from an unrelated cause. He did not have a will.
On August 18, 1994, Young filed a summons and complaint in Pierce County Superior Court naming Rex Snell as the defendant. In the complaint, Young sought damages for William Young's physical and mental pain, loss of earnings and impairment of future earning capacity. Young did not attempt to serve Snell or a personal representative for Snell with a copy of that summons and complaint.
On February 24, 1995, more than three years after the 1991 accident, Young's attorney arranged to have Harry Platis appointed as personal representative of the Snell Estate. On March 6, 1995, Young served a second summons and an amended complaint on Platis. The amended complaint, which named the Snell Estate as a defendant, was filed two days later.
The Snell Estate answered Young's amended complaint and moved for a summary judgment dismissing the lawsuit against it, arguing that Young's suit was barred by the three-year statute of limitations set forth in RCW 4.16.080(2). The superior court denied the Estate's motion. In doing so, it relied on Augustson v. Graham, 77 Wn. App. 921, 895 P.2d 20 (1995) and concluded that there is no statute of limitations on actions against the estate of a decedent if the decedent (1) was insured against liability for the incident giving rise to the claim and (2) died prior to the running of the three-year statute of limitation on personal injury actions. Clerk's Papers at 21. Young sought discretionary review of that decision in this court. We granted review.
We review de novo a trial court's denial of a motion for summary judgment. Safeco Ins. Co. v. Butler, 118 Wn.2d 383, 394-95, 823 P.2d 499 (1992). A summary judgment motion should be granted if, after considering all the submissions and all rea
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