THOMAS v. PRZBYLSKI

No. 42432.

83 Wn.2d 118 (1973)

516 P.2d 207

DOLORES J. THOMAS, Plaintiff, v. THOMAS PRZBYLSKI et al., Petitioners, THE CITY OF PUYALLUP, Respondent.

The Supreme Court of Washington, En Banc.

November 29, 1973.


Attorney(s) appearing for the Case

Williams, Lanza, Kastner & Gibbs, Robert I. Stier and Don Mohlman, for petitioners.

Johnson & Gierke, Edwin R. Johnson and Bradford Gierke, for respondent.

Dan Sullivan, amicus curiae.


BRACHTENBACH, J.

This case, one of first impression in Washington, presents a single issue: Must a defendant who joins a municipal corporation as a third-party defendant, seeking contribution or indemnification, comply with the claim statute, RCW 35.31, before he has made a payment to plaintiff or had judgment rendered against him. Our answer is No.

Whether a claim is against a charter city or a noncharter...

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