Facts:  Petitioner Kaela Atchison, the personal representative of her deceased father William Atchison’s estate, filed a wrongful death action against his former employer, respondent Great Western Malting Company, in the Superior Court for Clark County, claiming that workplace exposure to pesticides and contaminated dust was the cause of the cancer that led to his death.  The superior court dismissed the action on grounds that the three year statute of limitations had expired.  Atchison appealed the superior court’s decision, asserting that as she was a minor at the time of her father’s death and therefore ineligible to be appointed personal respresentative of his estate and to bring a wrongful death action, the statute of limitations tolled until she reached her majority.  The Washington Court of Appeals transferred the case to the Supreme Court of Washington.

Question(s):   Did the statute of limitations toll during the period between William Atchison’s death and Kaela Atchison reaching her majority?

Conclusion:  Justice Bridge’s opinion for a unanimous Court affirmed the superior court, concluding that the relevant tolling statute (Washington Revised Code §4.20.020) becomes operative only when the personal representative of the decedent’s estate is disabled and is not tolled by the minority of a beneficiary of the decedent’s assets.  Thus, as Kaela Atchison did not become the personal representative of her deceased father’s estate until after she reached her majority, the statute of limitations did not toll.

Docket No. 80034-1

Petitioner: Kaela Atchison

(Counsel: Lawrence Stanford Merrifield, Jr.)

Respondent: Great Western Malting Company

(Counsel: James H. Gidley)

Briefs:

Argument: Tuesday, June 26, 2007 1:30pm

[Source: TVW, http://www.tvw.org]

Decided: Thursday, August 30th, 2007

Prevailing Party: Great Western Malting Company (Respondent)

Vote: 9-0

Citation: Pending

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson