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TROXELL v. RAINIER PUBLIC SCHOOL DIST. # 307

No. 74986-8.

111 P.3d 1173 (2005)

Rebecca L. TROXELL, Respondent, v. The RAINIER PUBLIC SCHOOL DISTRICT # 307, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 26, 2005.

Attorney(s) appearing for the Case

Henry Andrew Saller, Tacoma, Neli Tzankova Espe, Anacortes, for Petitioner.

Mary Elizabeth Van Gemert, Seattle, Michael L. Ritchey, Thompson & Ritchey LLP, Robert E. Sabido, Thomas M. Christ, Cosgrave, Vergeer, Kester LLP, Portland, for Respondent.

OWENS, J.

¶ 1 RCW 4.96.020(4) forbids the commencement of a tort action against a local government defendant "until sixty days have elapsed after" the plaintiff files a claim notice with the local government entity. We must determine whether a plaintiff strictly complies with the statutorily prescribed "sixty-day period" if only 59 full calendar days intervene between the day the notice is filed and the day the legal action is commenced. Consistent with the general...

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