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RIVAS v. EASTSIDE RADIOLOGY ASSOCIATES

No. 55648-7-I.

143 P.3d 330 (2006)

Susan E. RIVAS, Respondent, v. EASTSIDE RADIOLOGY ASSOCIATES; Overlake Imaging; Washington Imaging Services; Allan Muraki, M.D. and Jane Doe Muraki, his wife, and the marital community thereof, Petitioners, Overlake Hospital Medical Center; Overlake Internal Medicine Associates; Robert L. Davidson, M.D. and Jane Doe Davidson, his wife, and the martial community thereof, Defendants.

Court of Appeals of Washington, Division 1.

September 18, 2006.

Attorney(s) appearing for the Case

William Hickman, Pamela Okano, Sherry Rogers, Reed McClure, Seattle, WA, for Appellants.

Richared Carrithers, Bellevue, WA, for Respondents.

APPELWICK, C.J.

¶ 1 This is a medical malpractice lawsuit subject to a three year statutory limitation period. The plaintiff filed the complaint three years and a day after the last allegedly negligent act or omission. The trial court denied the defendants' motion to dismiss as untimely. The trial court ruled that a factual question remained as to whether statutory tolling provisions applied while the plaintiff was allegedly incapacitated in the intensive care...

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