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MEADE v. THOMAS

No. 37715-2-II.

217 P.3d 785 (2009)

Charity L. MEADE, Appellant, v. Michael A. THOMAS, Respondent.

Court of Appeals of Washington, Division 2.

Publication Ordered September 29, 2009.

Attorney(s) appearing for the Case

David Allen Nelson, Nelson Law Firm PLLC, Longview, WA, William Hickman, Attorney at Law, Seattle, WA, for Appellant.

Christopher B. Rounds, Law Office of Andersen & Nyburg, Portland, OR, for Respondent.

VAN DEREN, C.J.

¶ 1 Charity Meade appeals a summary judgment order dismissing her personal injury action against Michael Thomas because she failed to serve Thomas within the statute of limitations. She argues that Thomas waived the affirmative defense of failure to serve by being dilatory in asserting the defense in his answer and in conducting general discovery that was inconsistent with the affirmative defense of failure to serve. We find no error and, thus...

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