Steven W. Hyde et al., Respondents ,
The University of Washington Medical Center et al., Petitioners
Superior Court County: King. Superior Court Cause No: 12-2-28522-5 SEA. Superior Court Judge Signing: Hon. Michael Trickey. Date filed in Superior Court: July 24, 2013.
Michael F. Madden (of Bennett Bigelow & Leedom PS ); and Carol L. Moody (of Fain Anderson VanDerhoef Rosendahl O'Halloran Spillane ), for petitioners.
Carl A. Lopez (of Lopez & Fantel ), for respondents.
Written by: Acting Chief Judge Verellen. Concurred by: Judge Cox, Judge Schindler.
[186 Wn.App. 927] [¶1] -- A nonprofit corporation that is functionally an arm of the State is subject to the tort claim filing requirements of RCW 4.92.100 and .110. The Association of University Physicians, d/b/a UW Physicians (UWP), a nonprofit corporation, provides physician services [186 Wn.App. 928] by University of Washington (UW) medical school faculty at hospitals operated by the university. UWP was created to serve the purposes of, and is controlled by, the UW School of Medicine, a state agency. Because UWP functions as an arm of the State and exposes state funds to liability, it constitutes a state entity for purposes of tort claim notice requirements. Accordingly, we reverse the trial court's denial of summary judgment.
[¶2] On August 27, 2012, Steven Hyde and his wife, Sandra Brooke, brought a medical malpractice suit alleging that Dr. Virany Hillard was negligent in providing medical care to Hyde at the UW Medical Center in August 2009. Dr. Hillard, a neurosurgeon, was a member of UWP and was on the UW School of Medicine faculty at the time. UWP provides physician services at the UW Medical Center. All its members are physicians who are faculty members at the UW School of Medicine with no independent private practice. The complaint did not name Dr. Hillard as a defendant, but named the State of Washington, the UW Medical Center, and UWP.
[¶3] The defendants moved for summary judgment based on Hyde's failure to submit a notice of tort claim before commencing the action as required by RCW 4.92.100 and .110 for tort claims against a state entity. The trial court granted the motion as to the State of Washington and the UW Medical Center, but denied it as to UWP. The court concluded that UWP is not a municipal corporation but is a nonprofit corporation dealing with the public at large and, therefore, RCW 4.92.110 does not apply. This court granted UWP's motion for discretionary review.
[¶4] UWP contends that it is a state entity subject to the tort claim filing requirements of RCW 4.92.100 and .110. We agree.
[186 Wn.App. 929] [¶5] When reviewing an appeal from summary judgment, we engage in the same inquiry as the trial court to determine whether there is a genuine issue of material fact and whether the moving party is entitled to judgment as a matter of law. Here, the issue is solely whether, as a matter of law, UWP ...