[Download] "Huff v. Budbill" by Washington Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Huff v. Budbill
- Author : Washington Court of Appeals
- Release Date : January 14, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
A commissioner of this court granted discretionary review of the trial courts interlocutory ruling that Myrtle Huff preserved her claim for personal injuries against defendant motorist Gerry J. Budbill by serving the Secretary of State under RCW 46.64.040, the absent motorist statute. It is undisputed that Huff exercised due diligence in attempting to serve Budbill personally. But Huff failed to show that Budbill was absent from the state on the day that substitute service was made, and the trial court ruled as a matter of law that Huffs good faith belief that Budbill was absent from the state or her lack of such belief was immaterial under Martin v. Triol, 121 Wn.2d 135, 847 P.2d 471 (1993), notwithstanding the Supreme Courts decision in Martin v. Meier, 111 Wn.2d 471, 760 P.2d 925 (1988). Because the trial court correctly construed the absent motorist statute under Triol and Meier, we affirm.