Woods v. Bailet

67 P.3d 511
Court of Appeals of Washington·Decided April 21, 2003·No. 50484-3-I·Published·Cited by 16 cases

Opinion

67 P.3d 511 (2003)
116 Wash.App. 658

Allie WOODS, Appellant,
v.
Jeffrey BAILET and Jane Doe Bailet; and John Rowland and Jane Doe Rowland, Respondents.

No. 50484-3-I.

Court of Appeals of Washington, Division 1.

April 21, 2003.

*513 Charles Hamilton, Seattle, WA, for Appellant.

Mary McIntyre and Michele Forrar, Seattle, WA, for Respondents.

*512 COLEMAN, J.

Allie Woods sued her doctors for operating on her without her informed consent. The trial court dismissed the case because Woods failed to first file a claim with the doctors' employer, a public development authority organized as a public corporation and created by the City of Seattle. We affirm because we hold that the doctors' employer was a "local government entity" as that term was defined by RCW 4.96.010 at the time this lawsuit was filed, and Woods was required to file a claim before suing the entity or its employees acting within the scope of their employment. We further hold that the application of the claim filing statute to this case does not violate due process because Woods was on inquiry notice of the entity's status as a local government entity and the proper claim filing procedure. Finally, we conclude that statutory amendments requiring local government entities to appoint agents to receive claims should not be applied retroactively to Woods' case because to do so would not further their remedial purpose.

FACTS

On May 7, 1998, doctors Jeffrey Bailet and John Rowland performed surgery on Allie Woods. The purpose of the surgery was to determine whether a spot in her throat was malignant. When Woods awoke in the recovery room, she was having trouble breathing. The doctors tried various techniques to help Woods breathe, none of which were successful. Finally, Woods became unable to breathe at all and the doctors performed a tracheotomy, a procedure that involves cutting a slit in the patient's throat and inserting a tube to help with breathing. Since then, doctors have attempted on several occasions to remove the tube, but Woods had trouble breathing after each attempt and the tube had to be reinserted. When this lawsuit was filed, the tube was still in Woods' throat.

At the time they treated Woods, the doctors were employed by the Pacific Hospital Preservation and Development Authority, doing business as Pacific Medical Center and PacMed clinics. PacMed was created by the City of Seattle to provide free and low-cost health care. It is a "public corporation" organized under RCW 35.21.730 and City of Seattle Municipal Code, section 3.110. PacMed is governed by a board of directors whose members are confirmed by the Seattle City Council. According to a portion of the city's website submitted by PacMed in support of summary judgment, PacMed's revenues "are derived from patient fees, reimbursement from the Department of Defense, and from the rental of Beacon Hill tower. The City provides no funding." Woods first saw the doctors at one of PacMed's clinics, but the surgery at issue took place at Swedish Medical Center, a private hospital.

On May 7, 2001, Woods sued the doctors on the basis of lack of informed consent,[1] claiming that they never told her that the routine diagnostic surgery could result in the permanent placement of a tube in her throat. She claims she never would have consented to the surgery if she knew the tube was a possible consequence of it. The trial court granted the doctors' motion for summary judgment, finding that Woods had failed to comply with a statute that requires plaintiffs suing local government entities to first file a claim with the entity's governing body.

*514 Woods appealed to this court. The doctors moved for a decision on the merits. This court denied the motion and originally set the case to be decided without oral argument. But after further review of the case, this court determined that it should be set for oral argument.

STATUTORY INTERPRETATION

The first issue before us is whether PacMed is a "local government entity" as defined by RCW 4.96.010 at the time this lawsuit was filed. We hold that it is. The statute defines "local government entity" as including "quasi-municipal corporations," and PacMed falls squarely within the common-law definition of that term.

RCW 4.96.010 waives sovereign immunity for all local government entities. That statute also provides, however, that "[f]iling a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages...." The purpose of this claim-filing requirement is to protect government funds by allowing government entities time to investigate, evaluate, and settle claims before they are sued. See Medina v. Pub. Util. Dist. No. 1 of Benton County, 147 Wash.2d 303, 310, 53 P.3d 993 (2002); Hardesty v. Stenchever, 82 Wash.App. 253, 261, 917 P.2d 577 (1996). The parties agree that Woods never filed a claim with PacMed before filing this lawsuit. Woods argues, however, that she did not have to file a claim with PacMed because it was not a local government entity under RCW 4.96.010.

At the time Woods filed this lawsuit, RCW 4.96.010(2) defined "local government entity" as "a county, city, town, special district, municipal corporation, or quasi-municipal corporation." After Woods filed her complaint, the legislature amended this definition to include a "public hospital."

The doctors argue that PacMed is covered by the above definition because it is a "quasi-municipal corporation" under RCW 4.96.010(2). They are correct. There is no definition of quasi-municipal corporation contained in the statute. Accordingly, we may derive that term's meaning from the common law or from a dictionary. State v. A.M.R., 147 Wash.2d 91, 94, 51 P.3d 790 (2002). According to BLACK'S LAW DICTIONARY, quasi-municipal corporations are "[b]odies politic and corporate, created for the sole purpose of performing one or more municipal functions." BLACK'S LAW DICTIONARY 1169 (rev. 4th ed.1968). The leading commentator on municipal corporations also defines the term broadly:

As used here, the term denotes a corporation created or authorized by the legislature that is merely a public agency endowed with such of the attributes of a municipality as may be necessary in the performance of its limited objective. In other words, a quasi-municipal corporation is a public agency created or authorized by the legislature to aid the state in, or to take charge of, some public or state work, other than community government, for the general welfare.

1 Eugene McQuillin,

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Woods v. Bailet, 67 P.3d 511 (Wash. Ct. App. 2003).

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