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MYLES v. CLARK COUNTY

No. 41915-7-II.

289 P.3d 650 (2012)

170 Wash.App. 521

M. Gwyn MYLES, individually and as Personal Representative of the Estate of William Lloyd Myles, deceased, Appellant, v. CLARK COUNTY, a municipality, Respondent, State of Washington, a governmental entity; John Doe Employee(s) and Jane Doe Employee(s), employees of the State of Washington; John Doe Employee(s) and Jane Doe Employee(s), employees of Clark County; Carlos Villanueva-Villa and Jane Doe Villanueva-Villa, husband and wife, and the marital community composed thereof; and R.H. Brusseau and Jane Doe Brusseau, husband and wife, and the marital community composed thereof, Defendants.

Court of Appeals of Washington, Division 2.

September 5, 2012.

Attorney(s) appearing for the Case

Ronald W. Greenen , Greenen & Greenen, PLLC, Vancouver, WA, for Appellant.

Mark Conlin Jobson , Office of the Attorney General, Olympia, WA, E. Bronson Potter , Clark Co. Prosc. Atty. Ofc., for Defendants.

E. Bronson Potter , Clark Co. Prosc. Atty. Ofc., for Respondent.

QUINN-BRINTNALL, J.

¶ 1 Clark County Superior Court granted Clark County's motion for summary judgment in the present wrongful death tort suit because the appellant, M. Gwyn Myles, failed to notify the Clerk of the Board of Clark County Commissioners of her intent to bring a tort action against Clark County as required by ch. 4.96 RCW and Clark County Code § 2.95.060. Myles appeals, arguing that the notice provisions of ch. 4.96 RCW are unconstitutional...

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