Powers v. WB Mobile Servs., Inc. (Majority)
Annotate this CaseIn 2006, a handicap access ramp platform at a residential construction site in Spanaway collapsed when plaintiff Jesse Powers used it. Powers fell while working for Awning Solutions, a company hired by Premier Communities Inc. to install an awning on a modular building. Premier also contracted with Pacific Mobile Structures Inc. to supply the ramp that collapsed. Unknown to Powers, Awning Solutions, or Premier, Pacific had subcontracted with W.B. Mobile to install the ramp that collapsed. After falling, Powers attempted to find out who "put the ramp the together," including making inquiries to Awning Solutions, but Awning Solutions thought that Pacific installed the ramp. In 2009, Powers filed a personal injury suit against Premier, Pacific, and John Doe One and John Doe Two, identifying "John Doe One" as the "builder of the handicap access ramp where the incident occurred." The statute of limitations for Powers' suit expired on June 2, 2009. Powers timely served Pacific on June 5, 2009, and Premier on June 12, 2009. Powers did not serve the John Does or W.B. Mobile at that time. Finally, over a year after filing his complaint, Powers obtained a discovery response from Pacific in October 2010 identifying W.B. Mobile as the installer of the ramp. Four months after Pacific's discovery response, in February 2011, Powers moved to amend his pleading to replace John Doe One with "W.B. Mobile." The trial court granted W.B. Mobile's motion to dismiss for failure to bring claims within the statute of limitations. The Court of Appeals reversed, finding Powers' serving Pacific and Premier within ninety days of filing his complaint tolled the statute of limitations on Powers' claim against W.B. Mobile, and remanded for a trial on the merits. Finding no error with the Court of Appeals' judgment, the Supreme Court affirmed.
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