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Medina v. Public Utility District No.1 of Benton County9/12/2002
Oral Argument Date: 01/17/2002
Concurring: Charles Z. Smith, Charles W. Johnson, Bobbe J. Bridge, Susan J. Owens, Dissenting: Faith E Ireland, Tom Chambers, Richard B. Sanders, Gerry L. Alexander
EN BANC
In March, 1998, Alirio Medina and Ernestina Fuentes (Medina) filed a complaint seeking damages for Medina's personal injury claim against Public Utility District No. 1 of Benton County (County) and Fuentes' derivative claim for loss of consortium. The County moved for summary judgment, arguing that Medina failed to comply with the provisions of RCW 4.96.020(4) by filing four days before the statutory waiting period expired. Initially the Benton County Superior Court denied the motion but upon reconsideration issued an order granting the County summary judgment and dismissing the case. In an unpublished decision the Court of Appeals affirmed the dismissal of petitioners' suit. Medina v. Pub. Util. Dist., No. 1 of Benton County, noted at 105 Wn. App. 1019 (2001). Medina petitioned this court for its review. We hold that Medina's failure to wait 60 days before filing a claim against the County in superior court violates the provisions of RCW 4.96.020(4), and affirm the Court of Appeals.
FACTS
On January 9, 1995, Alirio Medina was injured when a car owned and operated by the County and driven by a county employee rear-ended the vehicle Medina was driving. In October 1995, Medina filed a claim with the County for property damage. On the claim form, settlement documents, and correspondence relating to the property damage claim, Medina stressed that the claim involved property damage only and should not be construed as encompassing any possible future personal injury claims. That claim was settled on October 30, 1995.
On January 7, 1998, two days before the statute of limitations was to expire, Medina filed a second claim with the County for personal injury damages and loss of consortium.
Under RCW 4.96.020(4), "{n}o action shall be commenced against any local governmental entity for damages arising out of tortious conduct until sixty days have elapsed after the claim has first been presented to and filed with the governing body thereof." The applicable limitations period is tolled during this period. Id. Medina's filing of the claim with the County thus commenced the 60-day period and tolled the statute of limitations for filing suit in superior court. The County denied the claim on January 13, 1998, and the County made no subsequent attempts to negotiate, to investigate, or to contact petitioners following the denial.
On March 5, 1998, four days before the 60-day waiting period was to expire, Medina filed the instant complaint in Benton County Superior Court. The County was served with the summons and complaint on June 3, 1998. The County answered on July 13, 1998, and amended its answer on July 22, 1998, to include the affirmative defense of failure to comply with the waiting period specified in RCW 4.96.020(4). On December 28, 1998, the County filed a motion for summary judgment. The trial court initially denied the motion, but upon the County's motion for reconsideration granted summary judgment and dismissed the case. Medina appealed directly to this court, and this court transferred the case to the Court of Appeals.
In the Court of Appeals, Medina argued that (1) filing suit on March 5, 1998, complied with RCW 4.96.020(4); (2) the County waived noncompliance as an affirmative defense by raising it in an amended answer and by rejecting the claim prior to the end of the waiting period; (3) the County should be precluded from asserting a violation of the waiting period based on the theories of lac
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