PERRIN v. STENSLAND

No. 63539-5-I.

240 P.3d 1189 (2010)

Kevin Randall PERRIN and Cindy Perrin, husband and wife, and the marital community thereof, Appellants, v. Jeff STENSLAND and Jane Doe Stensland, husband and wife, and the marital community thereof; Hattie Van Weerdhuizen, Defendants, Dale Van Weerdhuizen, Personal Representative of the Estate of Gordon Van Weerdhuizen, Respondent.

Court of Appeals of Washington, Division 1.

October 25, 2010.


Attorney(s) appearing for the Case

Howard M. Goodfriend , Edwards Sieh Smith & Goodfriend, Seattle, WA, Donald W. Cater , Carter & Fulton, Everett, WA, for Appellants.

Marilee C. Erickson , Reed McClure , Patrick N. Rothwell , Davis Rothwell Earle & Xochihau PC, Seattle, WA, for Respondent.


BECKER, J.

¶ 1 A plaintiff injured in a collision commences a personal injury suit shortly before the statute of limitations expires, naming the driver of the other vehicle as a defendant. Unknown to the plaintiff, the driver has died since the collision. Outside the limitations period, the plaintiff files and serves an amended complaint substituting the driver's estate as defendant. Does the amended complaint relate back to the timely original complaint under...

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