Case law

Pope Res., LP v. Dep't of Nat. Res.

Washington Supreme Court · May 24, 2018

The question of who may qualify as an 'operator' under CERCLA is somewhat trickier."). … Hametiaux, The Value of Government Tort Liability: Washington State's Journeyfrom Immunity to Accountability, 30 SEATTLE U.L.

Brazier Forest Products, Inc. v. Northern Transport, Inc.

106 Wash. 2d 588 · Washington Supreme Court · Sep 4, 1986

A lien statute will not be extended for the benefit of those who do not clearly come within its terms. Dean v. McFarland, supra; De Gooyer v. Northwest Trust & State Bank, supra; deMers v. Oxford, supra. … Thus, the logger's lien statute must be construed strictly in deciding who may enjoy the status of a lienor, but once the right to claim a lien has been established, it must be liberally construed.

Silverstreak, Inc. v. STATE DEPT. OF LABOR

154 P.3d 891 · Washington Supreme Court · Mar 29, 2007

Each of these conclusions qualified the drivers for prevailing wages. … It is undisputed that the Suppliers are qualified, prevailing parties under RCW 4.84.350.

Puget Sound Financial v. Unisearch, Inc.

47 P.3d 940 · Washington Supreme Court · Jun 6, 2002

We need not determine the impact of the first invoice to decide that, after 48 transactions, a course of dealing was clearly established. … Therefore, we conclude that the general commercial setting establishes a prior course of dealing. Am.

Bradshaw v. City of Seattle

43 Wash. 2d 766 · Washington Supreme Court · Nov 30, 1953

It tended to establish these additional facts: Mr. Bradshaw was driving just within the twenty-five mile per hour speed limit. … It is claimed that, as a matter of law, the evidence established the fact that the crossing was not extrahazardous, that the negligence of Mr.

Buchanan v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers

94 Wash. 2d 508 · Washington Supreme Court · Oct 9, 1980

While of course participants in a conspiracy that is covered by § 6 are not *513 immunized from responsibility for authorized acts in furtherance of such a conspiracy, they now are protected against liability for unauthorized … The precedential value of federal interpretations of these provisions is clearly established and the court should acknowledge the error in Titus after Gibbs. See State v.

City of Seattle v. Hill

72 Wash. 2d 786 · Washington Supreme Court · Dec 21, 1967

Pattison, eminently qualified specialist in psychiatry and the treatment of alcoholism, while emphasizing the inability of an alcoholic to stop drinking once he had started, said that persons so afflicted typically remained … Although it may be regarded as a disease entity for medical purposes, chronic addictive alcoholism is not *799 such a disease that renders its victims immune from prosecution for public drunkenness.

State v. Howard

33 Wash. 250 · Washington Supreme Court · Nov 28, 1903

The other sections clearly relate to Indians sustaining tribal relations, and to the machinery of the government for dealing with such. … But whatever the evidence may establish upon that subject, a similar-question was involved in State v. Greer, 11 Wash. 244 , 39 Pac. 874 .

Ainslie v. Moss

191 Wash. 625 · Washington Supreme Court · Sep 23, 1937

This being true, the case at bar is clearly distinguishable from the cases cited by appellant evidencing a constant endeavor to preserve the integrity of a tax deed. … The language objected to with respect to the denial is, “save and except as the same may be hereinafter or in the complaint of the plaintiff admitted, qualified, or explained.”

> FRATERNAL ORDER OF EAGLES, TENINO AERIE NO. 564 v. Grand Aerie of Fraternal Order of Eagles

148 Wash. 2d 224 · Washington Supreme Court · Dec 19, 2002

The majority's construction, equating "fraternal organizations" with "club" and then requiring fraternal organizations to establish they are "distinctly private" to qualify for the exemption, violates at least three canons … Here, however, the majority's conclusion that fraternal organizations must establish their distinctly private nature to qualify for an exemption assumes the legislature meant something other than what it said.

Federated American Insurance v. Strong

102 Wash. 2d 665 · Washington Supreme Court · Oct 4, 1984

Therefore, the facts so found are the established facts in this case. Painting & Decorating Contractors of Am., Inc. v. Ellensburg Sch. Dist., 96 Wn.2d 806, 814 , 638 P.2d 1220 (1982). … The severability clause included in the FAIC policy clearly and unambiguously provides that liability coverage applies separately to each insured.

ZDI Gaming, Inc. v. Washington State Gambling Commission

173 Wash. 2d 608 · Washington Supreme Court · Jan 12, 2012

Additionally, sovereign immunity concerns attach where the state or one of its agencies is named as a party to the suit. … IV, § 6 (establishing jurisdiction of superior courts and authorizing jurisdiction “as may be prescribed by law”); see also Residents Opposed to Kittitas Turbines v.

Burnet v. Spokane Ambulance

131 Wash. 2d 484 · Washington Supreme Court · Apr 3, 1997

independent duty of care to its patients [and]. . . must exercise reasonable care to insure that the physicians selected as members of a hospital medical staff are competent,” but argued that the Burnets "ha[d] failed to establish … Those reasons should, typically, be clearly stated on the record so that meaningful review can be had on appeal.

In re the Personal Restraint of Turay

150 Wash. 2d 71 · Washington Supreme Court · Aug 21, 2003

“The rule established by this court is that where a statute has been construed by the highest court of the state, the court’s construction is deemed to be what the statute has meant since its enactment.” State v. … Certainly a fourth degree assault could amount to a recent overt act, but clearly also an act amounting to fourth degree assault need not amount to a recent overt act.

Ritter v. Board of Commissioners

96 Wash. 2d 503 · Washington Supreme Court · Dec 10, 1981

Ct. 840 (1934); Roth , at 577 ("clearly implied promise of continued employment" is a property interest). … Clearly these charges "might seriously damage [Ritter's] standing and associations in his community." Roth , at 573.

Douglas v. Bussabarger

73 Wash. 2d 476 · Washington Supreme Court · Mar 28, 1968

Unquestionably only experts are qualified to express an intelligent opinion as to what constitutes the proper method of treatment of a serious bone injury. … In our judgment, paralysis after an operation to repair a stomach ulcer raises the same inference. *483 Assuming that plaintiff’s disability does not fall clearly and unmistakably within the category of those res ipsa cases

Brutsche v. City of Kent

164 Wash. 2d 664 · Washington Supreme Court · Oct 2, 2008

Stated another way, a warrant immunizes the police from liability for trespass but only where the police do no more damage to the property than is absolutely necessary for a thorough search. … For example, if the police acquire land for a police station, which ultimately serves the ends of law enforcement, such is clearly an exercise of the power of eminent domain, requiring just compensation.

Willapa Electric Co. v. Pacific County

160 Wash. 412 · Washington Supreme Court · Jan 20, 1931

Appellant produced several expert witnesses, all of whom, by experience and training, were admirably qualified to express an opinion as to the value of the franchise, the actual value of the property, and also as to its future … Clearly, the record does not support the finding that the franchise had a valuation during the years 1926 *420 and 1927 of fifteen thousand dollars, but on the contrary incontrovertibly establishes the fact that, from 1925

Heavens v. King County Rural Library District

66 Wash. 2d 558 · Washington Supreme Court · Jul 8, 1965

The issue in this case is cléar cut: If utilized for the establishment of a library, where does the local improvement district concept, device or mechanism fall on the legal spectrum of permissible and nonpermissible special … On the one end of the span are the clearly permissible uses of special assessments to cover the cost of installing roads, sewers, et cetera. There is no argument that those improvements add valué to the adjacent land.

State v. Lesnick

84 Wash. 2d 940 · Washington Supreme Court · Jan 7, 1975

Failure to clothe these chattels with the same immunity is, I think, both conspicuous and noteworthy. … The massive quantum of judicial precedent relating to *957 search and seizure, much of it conflicting and irreconcilable, should be returned to its earlier established constitutional line of departure in accordance with the