John J. Tollefsen Civil Litigation Law Blog on Lawyers.com

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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