Case law

Rublee v. Carrier Corp.

428 P.3d 1207 · Washington Supreme Court · Nov 1, 2018

After limited discovery, Pfizer moved for summary judgment on the ground that Rublee could not establish apparent manufacturer liability. … However, where the real manufacturer or packer is clearly and accurately identified on the label or other markings on the goods, and it is also clearly stated that another who is also named has nothing to do with the goods

ZeBarth v. Swedish Hospital Medical Center

81 Wash. 2d 12 · Washington Supreme Court · Jul 20, 1972

What proof is necessary to establish a duty to inform? … We perceive the general rule to be—except in extraordinary circumstances where the duty to disclose is so clearly manifest that reasonable minds could not in reason differ on the question—that the standards of the medical

State v. Powers

149 Wash. 509 · Washington Supreme Court · Nov 5, 1928

The facts necessary to a determination of the points involved are: Both appellants run soft drink parlors, confectionery and pool room establishments in Se *510 attle. … The words ‘every other liquor or liquid containing intoxicating properties’ qualify nothing else, but describe and add another class to the things the sale and manufacture of which are prohibited.

Flanigan v. Department of Labor & Industries

123 Wash. 2d 418 · Washington Supreme Court · Mar 3, 1994

RCW 51.24.060(1)(e). [6] *437 Clearly then, reimbursement is based on the amount rather than the nature of the recovery. … Clearly, the court is not referring to the nature of the recovery or the nature of the damages.

McLean v. Archer

32 Wash. 2d 234 · Washington Supreme Court · Dec 30, 1948

The contract itself must make the precise act which is to be done clearly as *241 certainable. … an independent claim in favor of the estate, and then claim the benefit of the statute when the adverse party sought to qualify or explain his testimony.”

Gerlach v. The Cove Apartments, LLC

196 Wash. 2d 111 · Washington Supreme Court · Aug 27, 2020

Vincenzi Under our evidence rules, an expert may testify if he or she is qualified and his or her testimony will help the trier of fact. ER 702; see also L.M. v. … But we have clearly held that such criticisms go to the weight of the expert’s testimony, not its admissibility. Keefe, 159 Wn.2d at 831. Neither our precedent nor our evidence rules require Dr.

In Re Adoption of BT

78 P.3d 634 · Washington Supreme Court · Oct 30, 2003

The G.C.B. court found that the trial court's ruling was "so contrary to established principles in the law of adoption" that it felt compelled to comment further on the issue of standing. Id. at 718 , 870 P.2d 1037 . … 13.34.200 deprives a parent, whose parental rights have been terminated, of standing in all future legal proceedings concerning the child: "Upon the termination of parental rights[,] ... all rights, powers, privileges, immunities

Great Northern Railway Co. v. Washington Electric Co.

197 Wash. 627 · Washington Supreme Court · Jan 7, 1939

Even though not immune from such destruction they are, nevertheless, an appropriate subject for legislative protection.” The court further pointed out that § 10 (c) of the act (16 U. S. C. … Chandler-Dunbar Water Power Co., supra, the supreme court of the United States speaks of that interest as a qualified title.

City of Kennewick v. State

67 Wash. 2d 589 · Washington Supreme Court · Dec 16, 1965

In the present case, the operation of the water system by the city is clearly within the purview of the public utility tax. … This decision is predicated upon the well established and sound business principle that no income results from return of capital.

City of Seattle v. Erickson

Washington Supreme Court · Jul 6, 2017

A trial judge's decision under the original Batson test is entitled great deference and will be reversed only if the defendant can show it was clearly erroneous. Hernandez v. … We should assume that all members of the public who adhere to a summons to appear for jury service are qualified to hear a case unless otherwise shown.

Duc Tan v. Le

177 Wash. 2d 649 · Washington Supreme Court · May 9, 2013

The event, Armed Forces Day, commemorates the establishment of the South Vietnamese Army and is typically held on June 19. … However, due to concerns about stifling valuable public debate, the privilege of “ ‘fair comment’ ” was incorporated into the common law as an affirmative defense to an action for defamation; it afforded “ ‘legal immunity

To-Ro Trade Shows v. Collins

27 P.3d 1149 · Washington Supreme Court · Aug 2, 2001

. § 1983 , accepting as a *1152 second basis for dismissal the State's qualified immunity defense. … To-Ro's pleadings clearly present an actual dispute or at least the mature seeds of one. Moreover the factual record establishes To-Ro's loss of revenue is real and demonstrable.

Depositors Bond Co. v. Christensen

185 Wash. 161 · Washington Supreme Court · Jan 9, 1936

Two years later, another corporation, known as Mutual Benefit Club, was organized, all of its stock, with the exception of qualifying shares issued to its directors, being owned by the older corporation. … It clearly appears that Mr.

McPherson v. McPherson

200 Wash. 365 · Washington Supreme Court · Aug 30, 1939

branch, as executor thereof, was duly proved and admitted to probate in Spokane county, and that the bank above named was regularly appointed as executor of the estate of the deceased, May 22, 1939; that the executor has qualified … The distribution of property in such an action is incidental, and it is clearly incontestable that, upon the death of either party, whether before or after the decree, the subject of the controversy is eliminated.

Malyon v. Pierce County

935 P.2d 1272 · Washington Supreme Court · Apr 24, 1997

The sheriff's department neutrally sought any qualified volunteers without regard to religion. … To a person in crisis, having the police call to the scene an "official" chaplain to help counsel the person could potentially create an atmosphere of implicit coercion—a situation which clearly violates the Establishment

Davis v. City of Wenatchee

86 Wash. 13 · Washington Supreme Court · Jun 8, 1915

What is more to the point is that the city can gain no immunity by reason of an invalid contract or an invalid mode of performing the work. … Under the evidence here, the question of contributory negligence was clearly one for the jury. Crabb v. Wilkins; Akin v. Bradley Eng. & Mach. Co., and Mathis v. Granger Brick & Tile Co., supra. IV.

Decano v. State

7 Wash. 2d 613 · Washington Supreme Court · Feb 28, 1941

Assuming that he intends, in the utmost good faith, *622 to enlist in the Navy or other related service, he may not be qualified or acceptable. … We again endorse the sound and well-established general rules to which these cases subscribe.

Bennett v. Hardy

113 Wash. 2d 912 · Washington Supreme Court · Jan 18, 1990

Plaintiffs, employees who were aged 60 and 61 at the time of their discharges, are clearly part of the class of persons entitled to the protection of RCW 49.44.090. … University of Puget Sound, Inc., supra, in which we identified the necessary criteria for establishing an age discrimination claim under RCW 49.60.

Wilson Court v. Tony Maroni's

952 P.2d 590 · Washington Supreme Court · Mar 12, 1998

Given the circumstance of the bank altering the signatures, it was clearly put on notice of a problem. … Because the bank had failed to produce extrinsic evidence of Hawk's intent, the court turned to established rules of construction.

Dicomes v. State

113 Wash. 2d 612 · Washington Supreme Court · Oct 31, 1989

Prior judicial decisions may also establish the relevant public policy. … Nor can we find a clearly articulated legislative intent to abrogate this necessary element of discretion.