observing that Triol was "[r]elying on the definition of due diligence set out in Meier"
How later courts described this case
- observing that Triol was "[r]elying on the definition of due diligence set out in Meier"
- observing that Triol was “[rjelying on the definition of due diligence set out in Meier”
- plaintiff has full .period of statute of limitation within which to attempt to effect service; waiting until days before statute runs does not militate against finding of due diligence
Written by the judges who cited it.
The opinion
Munson, J.
(dissenting) — I dissent because I do not believe this record supports the trial lawyer’s due diligence in attempting to serve the named Defendants.
As noted, this case evolved out of an automobile accident in Walla Walla County and a lawsuit was instituted in 1990. *595 Presumptively, that lawsuit was dismissed for lack of service. A second lawsuit was started in 1992 and process servers were unable to find the Defendants and thereafter Plaintiffs’ trial attorney served the Secretary of State pursuant to RCW 46.64.040.
The not-found affidavit of the process server from Pasco indicates that the same address was given for Edith Walker/ Johnson of Route 2, Box 2277, Hermiston, Oregon, but he was unable to locate her. As to Woodrow Johnson/Walker, the address given was Route 2, Box 543, #108, Irrigon, Oregon, and he was unable to locate him. As to Linda Louise Johnson, the address of 505 SE 5th Street, Hermiston, Oregon, indicates she could not be located in the area.
Trial counsel said he made numerous telephone calls to the Walla Walla area in an attempt to locate these Defendants. He does not identify the persons called. The proposed Defendants were known to be residents of Oregon at the time of the accident and while the Walla Walla process server may well cover portions of Oregon, the not-found affidavit does not reflect any of the steps taken by either the sheriff in serving the original lawsuit or the process server in serving the subsequent lawsuit.
The original trial attorney does not set forth any steps he took to locate these Defendants after dismissing the first lawsuit and his filing with the Secretary of State. The process servers outlined the steps they took to locate these Defendants. Plaintiffs’ attorney was no help to them.
Therefore, I agree with the trial court there is no evidence of due diligence in an attempt to effect service and would affirm the dismissal of this lawsuit.