Affiliated Fm Insurance Compan v. Ltk Consulting Services Inc

MEMORANDUM

Affiliated FM Insurance Company appeals from the district court’s order granting summary judgment to LTK Consulting Services, Inc. We reverse and remand for further proceedings. Because the parties are familiar with the history of this case, we need not recount it here.

Genuine issues of material fact preclude summary judgment on the question of whether the statute of limitations bars Plaintiffs claims. Under Washington’s discovery rule, the statute of limitations starts to run on a negligence claim when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the salient facts underlying the elements of the cause of action. Green v. A.P.C. (Am.Pharm.Co.), 136 Wash.2d 87 , 960 P.2d 912, 915 (1998) (en banc). The elements of a negligence claim are duty, breach, causation, and injury. Id. With respect to the last element, injury, a “plaintiff must suffer actual and appreciable harm, as distinguished from nominal damages, before the statute of limitation commences.” Steele v. Organon, Inc., 43 Wash.App. 230 , 716 P.2d 920, 922 (1986).

Under Washington law, even a “ ‘slight’ ” injury starts the running of the limitations period.…