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GROSS v. SUNDING

No. 57451-5-I.

161 P.3d 380 (2007)

Phil GROSS, a single man, Appellant, v. Kenyon SUNDING and Jane Doe Sunding, and the marital community composed thereof, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered June 22, 2007.

Attorney(s) appearing for the Case

Charles T. Paglialunga, James Andrew Harris, Paglialunga & Harris PS, Seattle, WA, for Appellant.

Claudia Shannon, The Law Offices of William D. Garcia, Mark Edward Mills, Law Offices of Michael W. Brown, Seattle, WA, for Respondents.

APPELWICK, C.J.

¶ 1 Phil Gross and Kenyon Sunding were involved in an accident. Gross filed his complaint shortly before the three year statute of limitations ran on his claim. Sunding was out of state, but indicated that he would accept service on his return. Gross failed to serve Sunding within the statutorily provided 90 day tolling period. Gross argued that Sunding had entered into an alternate service agreement, waived the affirmative defense of insufficient...

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