Facts: Petitioner Susan Rivas filed a medical malpractice action against Overlake Hospital Medical Center three years and one day after complications from a renal angiogram and angioplasty performed at Overlake Hospital Medical Center caused her to lose a kidney. The trial court rejected Overlake Hospital Medical Center’s motion for summary judgment, ruling that although Rivas’s action was filed after the expiration of the three year statute of limitations, a genuine issue of material fact exists as to whether the statute of limitations was tolled pursuant to Washington Revised Code §4.16.190 during the four days Rivas was incapacitated while in intensive care following the loss of her kidney. Upon appeal, the Washington Court of Appeals reversed and granted summary judgment for Overlake Hospital Medical Center, holding that the statute of limitations was not tolled insofar as Rivas’s incapacity did not meet the temporal and procedural requirements of the guardianship statute (Washington Revised Code §11.88). Rivas appealed this decision to the Supreme Court of Washington.

Question(s): Must an incapacitated person meet the temporal and procedural requirements of the guardianship statute in order for §4.16.190 to toll the statute of limitations during their incapacity?

Conclusion: Justice Chambers’ opinion for the Court reversed the Washington Court of Appeals, concluding that §4.16.190 merely requires that a person be incompetent or disabled to such a degree that they cannot understand the nature of the cause of action when it accrues in order for the statute of limitations to toll and does not incorporate the requirements of the guardianship statute. Thus, as the Court held that a genuine issue of material exists as to whether Rivas was incapacitated to this degree while she was in intensive care, it remanded the case to the trial court.

Docket No. 79506-1 (from Court of Appeals Division I Case No. 55648-7)

Petitioner: Susan Rivas

(Counsel: Richard Carlton Carrithers)

Respondent: Overlake Hospital Medical Center

(Counsel: William Robert Hickman, Pamela A. Okano, and Sherry Hemming Rogers)

Briefs:

Argument: Tuesday, January 15, 2008 9:00am

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

Decided: Thursday, August 7th, 2008

Prevailing Party: Susan Rivas (Petitioner)

Vote: 6-3

Citation: Pending

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen

Sanders

Chambers
(Majority)

Owens

Fairhurst
(Dissent)

Johnson

Deren
(Pro Tem)