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JOHNSTON v. CITY OF SEATTLE

No. 42692-3-I.

976 P.2d 1269 (1999)

Douglas L. JOHNSTON, a single person, Appellant, v. CITY OF SEATTLE, a municipality, and John Doe Construction Co., if any, and John Doe Contractor, if any, Respondents.

Court of Appeals of Washington, Division 1.

May 24, 1999.

Attorney(s) appearing for the Case

Thomas H. Sughrua, Mercer Island, for Appellant.

Reba Weiss, Seattle, for Respondents.

KENNEDY, C.J.

Douglas L. Johnston filed a claim for damages with the City of Seattle and filed a personal injury action against the City one day before the statute of limitations was set to expire. The City moved for summary judgment dismissal of the personal injury action, contending that Johnston failed to wait 60 days after filing his claim before he commenced action as required by Seattle Municipal Code 5.24.005 and RCW 4.96.020. In response, Johnson maintained...

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