holding that nonclaim statutes requiring victims of governmental torts to give notice of their claims within a short period after they arise bear no rational relationship to the legislature’s goals of ensuring that large governmental institutions are notified of claims or facilitating governmental institution’s budget planning
How later courts described this case
- holding that nonclaim statutes requiring victims of governmental torts to give notice of their claims within a short period after they arise bear no rational relationship to the legislature’s goals of ensuring that large governmental institutions are notified of claims or facilitating governmental institution’s budget planning
- 120 day notice statute for actions against political subdivisions would violate basic concepts of due process and equal protection if applied to minors
- rejecting dictum in prior decision that a statute similar to section 613A.5 did not violate equal protection
- striking a 120-day nonclaims statute that effectively operated as a statute of limitations
Written by the judges who cited it.
Distinguished
Distinguished by Maxwell v. Department of Labor & Industries, 25 Wash. App. 202 (1980)
Thus cases such as Hunter v. North Mason High School & School Dist. 403, 85 Wn.2d 810, 539 P.2d 845 (1975), cited by Maxwell are inapposite.
The opinion
Wright, J.
(concurring in the result) — I concur in the result reached by the majority.
I would adhere to the opinion of the Court of Appeals in this matter. Hunter v. North Mason High School, 12 Wn. App. 304 , 529 P.2d 898 (1974). I further accept the reasoning therein.
I find it impossible to agree with the dissent herein when applied to a minor.
*821 On the other hand, I feel bound by the decision of a majority of this court in Cook v. State, 83 Wn.2d 599 , 521 P.2d 725 (1974) and, therefore, cannot agree with the majority herein.
Hamilton, J., concurs with Wright, J.