Case law

Wenzler & Ward Plumbing & Heating Co. v. Sellen

53 Wash. 2d 96 · Washington Supreme Court · Oct 30, 1958

The fact of damage was established beyond cavil, but the dollar amount thereof was not proved with mathematical precision. Therefore, the trial court decided the respondent should be immunized from all liability. … Therefore, when it is clearly apparent that the plaintiff has sustained actual damage from the defendant’s wrong, a liberal rule is applied with respect to determining the amount of that damage.

Schuss v. City of Chehalis

82 Wash. 595 · Washington Supreme Court · Dec 15, 1914

These facts do not clearly appear in the opinion. We have examined the record and make this statement because the case seems not to have been clearly understood by the bar. … There being no evidence of an encroachment upon the respondents’ property or of negligence in the prosecution of the work, the city is immune from liability.

State Ex Rel. Cruikshank v. Baker

2 Wash. 2d 145 · Washington Supreme Court · Jan 3, 1940

The findings of fact, in so far as material to the questions raised, recite as follows: That, on June 26, 1939, relators, being the duly elected, qualified, and acting county commissioners of Thurston county, regularly adopted … We are clearly of the opinion that the act in *152 question in no way contravenes either the letter or spirit of Art. I, § 12, of the state constitution. It is next contended that the act violates Art.

Mw v. Dshs

70 P.3d 954 · Washington Supreme Court · Jun 12, 2003

In analyzing whether the caseworker had qualified immunity, the Lesley court reasoned she did not because she failed to follow established procedures when evaluating the Mongolian spots. Lesley, 83 Wash. … This reading of Lesley confuses the analysis for qualified immunity with the scope of the duty.

Rho Company v. Department of Revenue

113 Wash. 2d 561 · Washington Supreme Court · Oct 31, 1989

. *579 Rho's records simply were not kept in the manner required by the rule to establish agency status. … Whether it actually does owe such duties to its engineers need not be conclusively established here.

State Ex Rel. Foster v. Washington State Bar Ass'n

23 Wash. 2d 800 · Washington Supreme Court · Oct 5, 1945

portion of which reads as follows: “No person shall be permitted to practice as an attorney or counselor at law or to do work of a legal nature for compensation, or to represent himself as an attorney or counselor at law or qualified … An attorney who has been legally called upon to give testimony or produce evidence tending to establish that he received a bribe is not immune from disbarment therefor, under a constitutional guaranty of immunity from prosecution

City of Spokane v. Karlsten

137 Wash. 414 · Washington Supreme Court · Jan 21, 1926

Those are cases wherein, because of a license or a business, calling or profession, the defendant was by the terms of the law immune or excepted from the operation of the law. … This distinction and necessity for observing it are clearly illustrated in the present case, where the prosecution argues that, because alcohol is an intoxicating liquor, proof of the possession of it establishes a violation

In Re One 1970 Chevrolet Chevelle

215 P.3d 166 · Washington Supreme Court · Sep 3, 2009

To qualify as an innocent owner, the claimant must establish that the "act or omission" leading to forfeiture was "committed or omitted without the owner's knowledge or consent." … This is not the standard established by the legislature. ¶ 52 The majority's holding significantly alters the statute by allowing any one who did not participate in the crime to automatically qualify as an innocent owner

United States v. Hoffman

154 Wash. 2d 730 · Washington Supreme Court · Jul 28, 2005

summary judgment that the CPA’s provisions violate the United States Constitution’s supremacy clause (article VI, clause 2) and commerce clause (article I, section 8, clause 3) and extend beyond any waiver of sovereign immunity … ¶6 Clearly, we cannot provide a complete answer to this general statement of the question. Creating a comprehensive list of every material encompassed within the CPA definition of “mixed waste” would be impossible.

Kalmas v. Wagner

943 P.2d 1369 · Washington Supreme Court · Sep 25, 1997

Because we find that no violation of the Fourth Amendment occurred, we need not address the parties' arguments regarding the under color of law requirement for 42 U.S.C. § 1983 , or qualified immunity. … In respect to those issues, it is my view that the Court of Appeals correctly determined that the deputies are not entitled to qualified immunity and that Kalmas and Sharpe also presented a triable issue with respect to the

Gorvin v. Stegmann

74 Wash. 2d 177 · Washington Supreme Court · Jul 18, 1968

Stegmann, an officer of the United States Army and they established their home in Columbus, Georgia, in July of that year. They had no children. … We think, however, that such a reservation is to be given effect only where the decree clearly calls for what is known under Georgia law as permanent alimony.

Grant County Fire Protection District No. 5 v. City of Moses Lake

145 Wash. 2d 702 · Washington Supreme Court · Mar 14, 2002

This court has established a two-part test to determine standing under the UDJA. … However, this "provision does not require that `voters may go to the polls at any time and vote on any question they see fit,'" but that "otherwise qualified voters who are significantly affected by the results of an election

Jenkins v. Snohomish County Public Utility District No. 1

105 Wash. 2d 99 · Washington Supreme Court · Jan 16, 1986

Lance's testimony at the deposition clearly demonstrates that he met the five criteria for competency set out in State v. … I am satisfied that this is sufficient to establish his competency. The credibility of his testimony is for the jury to determine.

Schroeder v. Weighall

Washington Supreme Court · Jan 16, 2014

Those cases clearly establish that we apply intermediate scrutiny to laws that burden both "'an important right and a semi-suspect class not accountable for its status."' I d. … RCW 4.16.190 does not create an impermissible immunity from lawsuits. Instead, it establishes a permissible privilege of tolling for minors with nonmedical malpractice tort claims and incapacitated adults.

Cannabis Action Council v. City of Kent

Washington Supreme Court · May 21, 2015

Under the bill, qualifying patients could establish collective gardens for the purpose of growing medical marijuana for personal use. Jd. § 403 (codified at RCW 69.51A.085). … MUCA provides in relevant part that [a] qualifying patient or designated provider who is not registered with the registry established in section 901 of this act, but who presents his or her valid

Guard v. Jackson

132 Wash. 2d 660 · Washington Supreme Court · Jul 24, 1997

Beeston and Guard never married, but Beeston’s paternity of Jeffrey was established by a paternity action in 1990. … A mother (married or unmarried) risks her life to bear the child and therefore qualifies. . . .

Lundgren v. Upper Skagit Indian Tribe

Washington Supreme Court · Feb 16, 2017

Upper Skagit Indian Tribe, No. 91622-5 recognized the fence as the boundary line and that it had clearly been on the property for much longer than the necessary 10 years. … (dissenting)-It is well established that "tribal sovereign immunity comprehensively protects recognized American Indian tribes from suit absent explicit and 'unequivocal' waiver or abrogation." Wright v.

Grundy v. Thurston County

117 P.3d 1089 · Washington Supreme Court · Jul 28, 2005

Thurston County determined that raising the seawall qualified for an administrative exemption from the shoreline substantial development permitting process set out in RCW 90.58.140(2), despite the position of the Department … Grundy voluntarily nonsuited her third cause of action, which alleged illegal gating of public access, after the Bracks removed the gate that prevented vehicles from using a long established turnaround.

In Re Lloyd's Estate

185 Wash. 61 · Washington Supreme Court · Jan 3, 1936

This statute is precise in its choice and use of terms, and expresses the intention of the legislature as clearly and definitely as words can express it. … The bond of the Constitution qualifies their jurisdiction. This is the principle which underlies the decisions cited by respondents.

State Ex Rel. Evans v. Brotherhood of Friends

41 Wash. 2d 133 · Washington Supreme Court · Sep 2, 1952

The point is so well established that it should require no citation of supporting authorities. … Such scheme is clearly a lottery.” (Italics ours.)