A resident of Korea was involved in a motor vehicle accident in King County, Washington. The occupants of the other vehicle were residents of King County, Washington.
The Washington residents filed a lawsuit less than two weeks prior to the statute of limitations deadline. Per Washington law, they then had 90 days to validly serve process on the Korean resident.
Relying on Washington’s non-resident motorist statute, the Washington residents served pleadings on the Washington secretary of state, who in turn mailed the documents to the Korea resident in Korea.
Attorneys hired by the Korean’s insurance carrier moved to dismiss, arguing that the service of process did not comply with an international treaty that both the Republic of Korea and the US are parties to.
The trial court denied the motion to dismiss. The Court of Appeals reversed.
Under the US Constitution’s supremacy clause treaties preempt inconsistent state law. The Court of Appeals found Washington’s non-resident motorist statute inconsistent with an applicable treaty.[1]
This case is an unfortunate illustration of the importance of acting quickly if you have a personal injury claim. Had the case been filed considerably earlier than the statute of limitations, the pleadings could have simply been re-served. Here, however, the statute of limitations ran in the meantime, so the injury claimants have lost their right to any compensation—no matter what the merits of their claims may have been.
If you have been injured it is best to promptly contact a personal injury attorney for a free injury case evaluation.
[1] Larson v. Yoon, ___ Wn.App. ____ (No. 71561-5-I May 4, 2015).