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POWERS v. W.B. MOBILE SERVICES, INC.

No. 42797-4-II.

311 P.3d 58 (2013)

177 Wn. App. 208

Jesse POWERS, Appellant, v. WB MOBILE SERVICES, INC., and John Doe Two, Respondents, and Premier Communities, Inc., a Washington Corporation; Pacific Mobile Structures, Inc., a Washington Corporation, Defendants.

Court of Appeals of Washington, Division 2.

October 15, 2013.

Attorney(s) appearing for the Case

Tamara Suzanne Clower , Tamara S. Clower, LLC, Cameron Taylor Riecan , Attorney at Law, Tacoma, WA, for Appellants.

Jill Haavig Stone , Melanie T. Stella , Stadium Law Group, LLC, Tacoma, WA, for Respondents.

BJORGEN, J.

¶ 1 Jesse Powers appeals the dismissal of W.B. Mobile as a defendant in his personal injury case based on the statute of limitations. Powers argues that his claim was timely under RCW 4.16.170 and CR 15(c) because (1) he properly identified W.B. Mobile as "John Doe One" in his original complaint, (2) W.B. Mobile had actual notice of Powers's claim, and (3) Powers's service on the other defendants tolled the statute for 90 days. We hold that Powers...

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