The question is whether the filing restrictions of former RCW 4.12.020(3) (1941), amended by Laws of 2001, ch. 45, § 2, limit subject matter jurisdiction as among superior courts or whether the restrictions relate only to the venue where such actions may be tried. We hold RCW 4.12.020 relates only to venue, overruling Aydelotte v. Audette,
FACTS
This action arose out of an automobile accident that occurred on July 27, 1997, in Kittitas County and involved William and Colleen Young and Arthur Clark. William Young died two years later. Clerk’s Papers at 87. Colleen Young filed suit against Arthur Clark and his wife in Snohomish County, alleging negligence.
At the hearing on the Clarks’ motion for judgment on the pleadings, Ms. Young verbally moved to add additional Snohomish County residents as necessary defendants. After the trial court granted the Clarks’ motion to dismiss, Allstate moved to intervene as a third party.
On appeal the Court of Appeals affirmed. Young v. Clark, noted at
STANDARD OF REVIEW
Whether a particular court has jurisdiction is a question of law reviewed de novo. Crosby v. Spokane County,
ANALYSIS
RCW 4.12.020(3) (1941)
For the recovery of damages arising from a motor vehicle accident; but in a cause arising because of motor vehicle*133 accident plaintiff shall have the option of suing either in the county in which the cause of action or some part thereof arose, or in the county in which the defendant resides, or if there be more than one defendant, where some one of the defendants resides, at the time of the commencement of the action.
Previously, we interpreted RCW 4.12.020 (1941) to dictate which courts have original subject matter jurisdiction over actions governed by that statute.
However, Ms. Young asks us to reconsider Aydelotte, arguing that it is inconsistent with Washington Constitution article IV, section 6. Pet. for Review at 10. Article IV, section 6 states in relevant part: “The superior court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court.”
Whether the legislature’s authority to limit subject matter jurisdiction as among superior courts violates article IV, section 6 of the state constitution is a case of first impression. “Where the language of the constitution is clear, the words used therein should be given their plain meaning.” City of Tacoma v. Taxpayers of City of Tacoma,
Bearing in mind our obligation to construe statutes consistently with the constitution, State v. Clausen,
CONCLUSION
The Court of Appeals is reversed and the matter remanded to the trial court for further proceedings consistent with this decision. The petitioner shall recover her costs.
Alexander, C.J., Johnson, Ireland, Bridge, Chambers, and Owens, JJ., and Smith, J. Pro Tem., concur.
Madsen, J., concurs in the result.
Notes
Colleen Young was named as personal representative of William Young’s estate. Clerk’s Papers (CP) at 87. She sued the Clarks on behalf of herself and her husband’s estate. Id.
Young filed an underinsured motorist claim against Allstate. CP at 35.
Effective July 22, 2001, the legislature amended RCW 4.12.020, inserting gender neutral references in subsection (2) and expanding the application of subsection (3) to all personal injuries and injuries to personal property. Laws or 2001, ch. 45, § 2.
A properly commenced action endows the superior court with subject matter jurisdiction. Russell v. Marenakos Logging Co.,
We are mindful that even before statehood our courts have construed such statutes to limit subject matter jurisdiction as among courts of general jurisdiction. Wood v. Mastick,
