JENKINS v. STATE

Nos. 43386, 43411.

85 Wn.2d 883 (1975)

540 P.2d 1363

THOMAS JENKINS, Appellant, v. THE STATE OF WASHINGTON et al, Respondents. PAULA LOUISE SMAIL et al, Appellants, v. BURLINGTON NORTHERN, INC., et al, Respondents.

The Supreme Court of Washington, En Banc.

October 2, 1975.


Attorney(s) appearing for the Case

Sullivan, Morrow & Longfelder, by Daniel F. Sullivan and Gregg L. Tinker and Rutherford, Kargianis & Austin, by John I. Weston, Jr., for appellants.

Lee, Smart, Cook, Dunlap & Biehl, P.S., Inc., by John F. Biehl, David L. Martin, and Nelson T. Lee, for respondent King County.


HOROWITZ, J.

Plaintiffs appeal summary judgments of dismissal of four consolidated actions seeking relief against King County for negligent injury because of untimely compliance with the claim for damages statute RCW 36.45.030. We hold the statute violative of equal protection as later discussed.

On December 28, 1971, Russell P. Fehr, a minor, was seriously injured as the result of an automobile-train collision at the intersection of 259th Street and the Burlington...

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