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WAGG v. ESTATE OF DUNHAM

No. 19254-7-III.

26 P.3d 287 (2001)

107 Wash.App. 35

Greg WAGG, a single person, Appellant, v. ESTATE OF Bard A. DUNHAM, deceased; Thomas Benner, Personal Representative of the Estate of Bard A. Dunham, deceased, Respondents.

Court of Appeals of Washington, Division 3.

Publication Ordered June 26, 2001.

Attorney(s) appearing for the Case

James M. Danielson, Kari D. Kube, Jeffers, Danielson, Sonn & Aylward, Wenatchee, for Appellant.

Jeffrey T. Sperline, Rettig, Osborne, Forgette, Kennewick, for Respondents.

KURTZ, C.J.

Gregg Wagg appeals the trial court's summary judgment dismissal of his personal injury claim against the estate of Bard Dunham. The trial court dismissed Mr. Wagg's lawsuit because he failed to file a creditor's claim with the estate before commencing his lawsuit and before the expiration of the three-year statute of limitations. The trial court reasoned that former RCW 11.40.080 (1994), which made the filing of a creditor's claim a condition precedent...

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