The issue in this case was how to count the 60 day ?notice ?of ?claim ?period ?under ?Washington law.? ?Reduced to its essence, the issue is whether the ?first? day of the period is the day the notice is filed or the day after it is filed, as CR 6 would suggest.? ?Reversing the court of appeals, the Supreme Court ruled 5 to 4 in favor of the latter construction. ?Because under this interpretation of the law, the plaintiff filed her legal action one day too early, she lost her claims.?? Troxell v. Rainier Public School District No. 307 No. 74986-8 (05/26/05).
Notice of Claim Provision Not Pending for One Day Until Day After it is Filed
May 26, 2005