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Lewis v. Combined Transport9/13/2005
. . . and the statute of limitation for the action expired, the plaintiff may commence a new action based on the same claim or claims against the defendant in the original action if the defendant had actual notice of a filing of the original action not later than 60 days after the action is filed.
Br. of Appellant at 16. Lewis's reliance on the Oregon statute without analysis does not advance his claim on appeal. RAP 10.3(a)(5); Smith v. King, 106 Wn.2d 443, 451-52, 722 P.2d 796 (1986). Moreover, because the statute of limitations had run and the Washington courts lacked authority to adjudicate Lewis's claim against Combined Transport, the trial court was required to dismiss the action with prejudice.
In sum, Lewis did not validly serve Combined Transport, Johnson's concealment, if any, did not toll the three-year statute of limitations, and the court's dismissal of Lewis's tort claim with prejudice was proper.
Affirmed.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
QUINN-BRINTNALL, C.J.
We concur:
MORGAN, J.
HOUGHTON, J.
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