91 Wash. App. 934 - Levy v. State’s Empirical Analysis
1998
Citation profile
19 state decisions
Relationships
Relies on 101 Wash. 2d 307 - Miotke v. City of Spokane · 83 Wash. 2d 618 - Shafer v. State · 63 Wash. App. 29 - Lewis v. City of Mercer Island · 76 Wash. App. 542 - Kleyer v. Harborview Medical Center · 48 Wash. App. 496 - Mercer v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“All claims against the state for damages arising out of tortious conduct shall be presented to and filed with the risk management division. All such claims shall be verified and shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose. If the claimant is incapacitated from verifying, presenting, and filing the claim or if the claimant is a minor, or is a nonresident of the state, the claim may be verified, presented, and filed on behalf of the claimant by any relative, attorney, or agent representing the claimant. With respect to the content of such claims this section shall be liberally construed so that substantial compliance will be deemed satisfactory.”
3 later decisions quote this exact passage“"Courts have determined that, unlike the content of the filing, the requirement that a plaintiff file the claim under RCW 4.92.110 is strictly enforced. Failure to file a claim in proper fashion results in dismissal of the suit." Kleyer, 76 Wash.App. at 545-46 , 887 P.2d 468 . "The procedures of this statute are mandatory, and compliance is a condition precedent to recovery. The failure to comply with this statute before the expiration of the applicable statute of limitations results in a dismissal of the case." Mercer, 48 Wash.App. at 498, 739 P.2d 703 (citations omitted). A plaintiff must comply with the requirements of the statutorily created right to bring an action against the State, regardless that such requirements may seem harsh and technical. Andrews, 65 Wash.App. at 738 , 829 P.2d 250 . "Substantial compliance is authorized for the content, not for the filing. ..."”
2 later decisions quote this exact passage“Substantial compliance is authorized for the content, not for the filing. ...”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.