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Lockhart v. Greive8/3/1992
(1988). At that time, Murphy contacted Harold Green of Greive and Serrin, and Green told Murphy that Greive and Serrin would be representing Lockhart. Murphy informed Green that the statute of limitations was due to expire and that he was in the process of filing a complaint on Lockhart's behalf. Green stated that Greive and Serrin would be filing claims with the State of Washington and Snohomish County.
On March 20, 1986, the 3-year anniversary of Lockhart's accident, Lockhart returned to the offices of Welts and Murphy to pick up his file. Lockhart assured Murphy that he had retained new counsel to represent him and that they would be filing claims against Snohomish County and the State of Washington. At that time, Lockhart was given a letter from Murphy dated March 20 that summarized Murphy's involvement in the case, including Murphy's restatement that he would not be representing Lockhart. The letter was signed as received by Lockhart. In another letter dated April 4, 1986, Murphy informed Lockhart that he had a limited time in which to serve all parties.
On March 28, 1986, Greive and Serrin attempted service of summons and complaint upon Burlington Northern. This service would have been timely if valid, but was held invalid because the person served was not an authorized agent of Burlington Northern. Lockhart, 50 Wash. App. at 812. Neither the State of Washington nor Snohomish County were served with process within 90 days of the filing of the complaint. Thus, the action against the State and Snohomish County was barred by the statute of limitations. Lockhart, 50 Wash. App. at 811.
Greive and Serrin filed a summons and second amended complaint on August 18, 1986, and served all defendants. However, the 90-day period following filing of the first summons and complaint expired on or about June 18, 1986.
Lockhart filed the present action in January 1989 against Murphy, Welts, Greive, and Serrin. In December 1990, Lockhart moved for summary judgment against all four defendants on the issue of negligence. Murphy and Welts also moved for summary judgment and for an award of expenses and costs under CR 11 and RCW 4.84.185 on grounds that Lockhart's action against them was frivolous.
The trial court granted Lockhart's motion for summary judgment against Greive and Serrin, but dismissed Lockhart's claims against Murphy and Welts. The trial court granted the motion of Murphy and Welts for sanctions and expenses pursuant to CR 11 and RCW 4.84.185.
It appears to be undisputed that the case proceeded to trial in March 1991 with Greive and Serrin as the sole defendants. They were ultimately found liable to Lockhart for damages of $1,781,100. Greive and Serrin satisfied this judgment on April 29, 1991 by payment of $1,500,000, and Lockhart is seeking to collect the remaining $281,100 from Murphy and Welts. Lockhart now appeals the dismissal of his claims against Murphy and Welts, and Murphy and Welts appeal the amount of expenses and sanctions awarded them by the trial court.
Summary Judgment
When reviewing a summary judgment, the appellate court engages in the same inquiry as the trial court. Salmon For All v. Department of Fisheries, 118 Wash. 2d 270, 279, 821 P.2d 1211 (1992). Summary judgment is appropriate only if reasonable persons could reach but one conclusion, and there is no genuine issue as to any material fact. Safeco Ins. Co. of Am. v. Butler, 118 Wash. 2d 383, 394-95, 823 P.2d 499
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