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Original TABLE of CONTENTS Case No. 70949-6-1 COURT OF APPEALS, DIVISION I OF THE STATE OF WASHINGTON CLAIRE C. WOODWARD, a single individual, Appellant, v. AVA A. TAYLOR and "JOHN DOE" TAYLOR, wife and husband, and THOMAS A. KIRKNESS and "JANE DOE" KIRKNESS, husband and wife, Respondents. BRIEF OF RESPONDENTS Mark S. Cole Glenn E. Barger Attorney for Respondents Dylan T. Becker Taylor and Kirkness Attorneys for Respondent Taylor Cole I Wathen I Leid I Hall, P.C. Barger Law Group 303 Battery Street 4949 Meadows Road, Suite 620 Seattle, WA 98121 Lake Oswego, OR 97035 Telephone: (206) 622-0494 Telephone: (503) 303-4099 WSBA #6583 WSBA #38023 ORiGINAL TABLE OF CONTENTS I. INTRODUCTION ... .... ........... ........ ... ........... ... ..................... 1 II. ASSIGNMENT OF ERROR. ...............................................3 Issues Pertaining to Assignment of Errors No. 1 ................................ ........................ .......... ... 3 No. 2 ............. ... ........................ ... .......................... 3 No. 3 ................................................ .................... 3 III. STATEMENT OF THE CASE. .... .. ... ............. ..... .......... 3 IV. ARGUMENT ............. ...... ... ................................. ..... 6 1. Standard of Review .... ....... .. ............................. 6 2. RCW 4.18.020 Controls the Selection of the Statute of Limitations ..... ............ .. .. ............................. 6 A. Traditional Approach and Criticisms ............ 6 B. Washington Adopts Uniform Act.. .......... .... 8 C. Methodology for Selecting Statute of Limitations .... ..................... .................... 9 D. Determining Which State's Substantive Law Should Apply ............ ............ .... ... ...... .. 10 E. Substantive Law in Motor Vehicle Accident Personal Injury Cases .......................... .. 11 3. Appellant's Traditional Conflicts of Law Analysis is Inapplicable .. ................................................ 24 V. CONCLUSiON .................................................................. 38 1 TABLE OF AUTHORITIES Washington Cases Burnside v. Simpson Paper Company, 123 Wn.2d 93, 864 P.2 937 (1994) .....................................................................34 Ellis v. Barto, 82 Wn. App. 454, 918 P.2d 540 (1996) ................ ..............................................6, 11,14,15,16,17,18,36,40 Hein v. Taco Bell, Inc., 60 Wn.App. 325, 803 P.2d 329 (1991) ... 22 Johnson v. Spider Staging Corp., 87 Wn.2d 577,580,555 P.2d 997 (1976) .................................................................34, 35, 36 Martin v. Goodyear Tire and Rubber Co., 114 Wn.App. 823, 61 P.3d 1196, (2003) ............................................................ 15 Rice v. Dow Chemical Company, 124 Wn.2d 205, 875 P.2d 1213 (1994) ................... 3,9, 10, 18, 19,21, 22, 24, 25, 26, 37, 38, 39 Williams v. The State of Washington, 76 Wn.App. 237, 885 P.2d 845 (1994) .....................................................................36 Other Cases Fields v. Legacy Health Systems, 413 F.3d 943 (CA9 2005) ..... 10 Heavner v. Uniroyal, Inc., 305 Atlantic 2d 412, 415-16 (N.J. 1973) ..............................................................................7 Washington Statutes RCW 4.18.020 ................................................................... ............... 2, 3, 6, 9,12,17,18,19,23,24,25,26,35,37,38,39 RCW 4.18.030 .........................................................23,26 RCW 4.18.040 ........................................................8, 23, 24 RCW 46.61.400 ................................................26, 27, 30, 31 Idaho Statutes Idaho Code § 5-214 ........................................................... 5 Idaho Code § 5-219 ...........................................................5 Idaho Code § 6-801 ......................................................... 32 Idaho Code § 49-654 ................................................... 26, 30 Secondary Sources H.R. Rep., H.B. 925, 48 th Leg. (1983) .................................... 8 Shawn B. Jensen, Legislative Developments in Conflict of Laws: Washington Adopts the Uniform Conflict of Laws - Limitations Act, 20 Gonzaga Law Rev. 291 at 293 ........ ........................ 7, 9 Robert A. Leflar, American Conflicts Law § 160, at 329-30 (3d ed. 1977) ............................................................................20 Robert A. Leflar, Choice - of - Law Statutes, 44 Tenn. L. Rev. 951, 961 (1977) ............................................................8, 37 15 Lewis H. Orland and Karl B. Tegland, Wash. Prac., Trial Practice § 433, at 145 (1986) .............................................25 Restatement (Second) of Conflict of Laws § 6 (1971) ....................................................... 11, 13, 16,28,40 Restatement (Second) of Conflict of Laws § 145 (1971) ............................................................ 10, 15,20,40 Restatement (Second) Conflicts of Laws § 145, comment d ...... 15 Restatement (Second) of Conflict of Laws § 146 (1971) .. 13,15,16 E. Scoles and P. Hay, Conflict of Laws at 60 (1982) .................. 7 12 U.L.A. 51 at 52 (Supp. 1985) § 2 Commissioner's ................ 9 ii Christopher R. M. Stanton, Note, Implementing The Uniform Conflict of Laws-Limitation Act in Washington, 71 Wash. L. Rev. 871 (1996) .... ................................................................. 6, 7 Uniform Conflict of Laws - Limitation Act, 12 U.L.A. 61-65 (Supp. 1994) ......................................................................... ..... 7 Uniform Conflict of Laws - Limitation Act 2(a)(1), 12 U.L.A. 61-63 (Supp. 1994) ..................................................................... 8 1Il I. INTRODUCTION This case arises out of a motor vehicle accident which occurred in Idaho. Respondent Ava Taylor was driving a vehicle on an Idaho highway. Appellant Woodward was a passenger. Woodward alleged that Taylor was negligent in driving too fast. In particular, Woodward alleged that: " ... the driver, Defendant Ava Taylor set the cruise control at 82 m.p.h. The posted speed limit was 75 m.p.h." According to Woodward, Taylor lost control of the vehicle and went off the road. Woodward alleges that she was injured. After Idaho's two year statute of limitations deadline had passed, Woodward filed an action in Washington against Respondents Taylor and Kirkness (the owner of the vehicle driven by Taylor). Washington's statute of limitations is three years. In their Answer to Plaintiff's Complaint, Taylor and Kirkness alleged that Woodward failed to commence this action within the time required by statutes of the State of Idaho. Thus, from the earliest pleading, Respondents put Woodward on notice of Idaho law regarding statutes of limitation. Subsequently, Taylor and Kirkness filed a Motion for Summary Judgment, asking the Court to dismiss the action on the grounds 1 that the action was not brought within two years, as required by the Idaho statute of limitations. The trial court determined that the two year Idaho statute of limitations applied. In this regard, the trial court properly began its analysis by looking to RCW 4.18.020. Under that statute, if a claim is substantively based upon the law of another state, the limitation period of that state applies. The pleadings showed that the actions causing the motor vehicle accident occurred in Idaho. The pleadings showed that the accident and injuries occurred in Idaho. In light of that, Woodward's claim was substantively based upon the law of Idaho. Pursuant to RCW 4.18.020, the suit limitation period for Idaho governed this case. The trial court dismissed Woodward's claims against Taylor pursuant to Idaho's two year statute of limitations. Woodward filed this appeal, erroneously asserting that the statute of limitations issue should be decided by traditional conflicts of law analysis. Appellant's arguments are contrary to Washington statute, RCW 4.18.020, and contrary to well established Washington case law. 2 II. ASSIGNMENT OF ERROR Respondents Taylor and Kirkness make no assignment of error. The issues to be determined in this appeal are as follows: 1. In a personal injury action arising out of a motor vehicle accident, where the acts which caused the accident occurred in Idaho, and the accident and injuries occurred in Idaho, does the substantive law of the State of Idaho govern the claim? 2. Where a Washington action is substantively based on the law of the State of Idaho, does the Idaho statute of limitations apply, pursuant to RCW 4.18.020? 3. In light of RCW 4.18.020 and Rice v. Dow Chemical Company, 124 Wn.2d 205, 875 P.2d 1213 (1994), is a traditional conflicts of law analysis appropriate in determining which statute of limitations applies? III. STATEMENT OF THE CASE Appellant Woodward was a resident of King County, Washington. CP 1, Plaintiff's Complaint, Lines 19 and 20. Respondents Taylor and Kirkness were residents of King County, 3 Washington. CP 1, Plaintiff's Complaint, Lines 21-25. CP 2, Plaintiff's Complaint, Lines 1-6. Woodward and Taylor were returning from a trip to Las Vegas, Nevada. CP 2, Plaintiff's Complaint, Lines 15-16. Woodward was a passenger in a vehicle being driven by Taylor. The vehicle was traveling westbound on Interstate 84 in Ada County, Idaho. CP 2, Plaintiff's Complaint, Lines 12-15. Woodward alleged that Taylor was negligent in driving too fast. CP 4, Plaintiff's Complaint, Lines 9-11. In particular, Woodward alleged that: " ... the driver, Defendant Ava Taylor set the cruise control
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