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Must file tort claim notice to sue employee of government entity

Saturday, May 30, 2009 by John J. Tollefsen

Schilling v. Imm, --- P.3d ----, 2009 WL 1058075(Wash.App. Div. 1 Apr 13, 2009) (NO. 61921-7-I)

An employee of a school district who drives an employer provided vehicle, performs work at multiple employer sites, and is driving to one site from a mandated break at an employer sanctioned location is acting within the scope of employment. RCW 4.96.020 requires that a tort claim notice be filed with the employer. Failure to comply with Washington's claim filing statute precludes initiating suit against that employee.

Posted at 19:48 PM

Topic: Civil Litigation

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