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MEDINA v. PUBLIC UTILITY DIST. NO. 1

No. 70978-5.

53 P.3d 993 (2002)

Alirio MEDINA and Ernestina Fuentes, Petitioners, v. PUBLIC UTILITY DISTRICT NO. 1 OF BENTON COUNTY, Respondent.

Supreme Court of Washington, En Banc.

Decided September 12, 2002.

Attorney(s) appearing for the Case

Charles Barr, Richland, Wiggins Law Office, Kenneth Masters, Bainbridge Is., Darrell Smart, Yakima, for Petitioners.

Karr, Tutle, Campbell, Craig Campbell, Mark Johnson, Seattle, for Respondent.

Bryan Harnetiaux, Debra Stephens, Spokane, amicus curiae on behalf of Wash. State Trial Lawyers Ass'n.

Michael Nicefaro, Seattle, amicus curiae on behalf of State of Wash.

MADSEN, J.

In March, 1998, Alirio Medina and Ernestina Fuentes (Medina) filed a complaint seeking damages for Medina's personal injury claim against Public Utility District No. 1 of Benton County (County) and Fuentes' derivative claim for loss of consortium. The County moved for summary judgment, arguing that Medina failed to comply with the provisions of RCW 4.96.020(4) by filing four days before the statutory waiting period...

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