Case law

Linda Nestor, Apps/cross-resps V. State Of Washington, Resp/cross-app

Court of Appeals of Washington · Apr 1, 2024

“In order for a decision to qualify as discretionary, the State must show that the decision was the outcome of a conscious balancing of risks and advantages. … Without a policy decision by a high-level executive, the State cannot establish an entitlement to discretionary immunity. The trial court erred by granting summary judgment on this ground.

Gerlach v. Cove Apartments, LLC

446 P.3d 624 · Court of Appeals of Washington · May 13, 2019

The Supreme Court held that Peralta's admission was clearly an admission of intoxication under RCW 5.40.060(1). Peralta , 187 Wash.2d at 899 , 389 P.3d 596 . … Vincenzi was a qualified expert as to the effects of alcohol upon the human body. Dr.

In re Parentage of J.B.R.

Court of Appeals of Washington · Oct 23, 2014

In the first opinion, In re Custody ofA.FJ, 179 Wn.2d 179, 314 P.3d 373 (2013), the court held that a foster parent who qualified under the four-part L.B. … more than a decade clearly evidences his consent for Mr. York to establish a parent-child relationship with J.B.R. The biological father's noninvolvement in J.B.R.'

State Of Washington v. Angel Rose Marie Nelson

195 Wash. App. 261 · Court of Appeals of Washington · Jul 26, 2016

The comma before the qualifying phrase “or other means of account access” is evidence that this phrase modifies each item in the list “card, plate, code, account number.” See State v. … The phrase “other means of account access” clearly modifies “card, plate, code, [and] account number,” such that each of these devices must be a means of account access to fall under the statute. C.

State v. Berniard

182 Wash. App. 106 · Court of Appeals of Washington · Jun 24, 2014

And Juror 2 quite clearly admitted that she had thoughts of self-harm if she continued as a juror. She was not specific about this case or about the case being in deliberations. … This clearly, because of her unstable mental and emotional condition, makes her unfit to serve as a juror in this matter.

State v. McGary

93 P.3d 941 · Court of Appeals of Washington · Jul 7, 2004

Additionally, the first, third, and fourth degree criminal mistreatment statutes clearly require that the State prove withholding of any of the basic necessities of life. … A corollary to that rule is that "the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply to all antecedents instead of only the immediately preceding one."

Brenda Adams v. Confluence Health

Court of Appeals of Washington · Mar 7, 2024

McCullough’s opinion that COVID-19 vaccinations were neither safe nor effective, and that natural immunity as a result of COVID exposure was more durable than vaccine immunity. … RCW 49.60.040(7)(c)3 offers several illustrative examples of qualifying “impairment[s].”

State v. Brown

145 Wash. App. 62 · Court of Appeals of Washington · Jun 10, 2008

He holds a permit that qualifies him to make blood alcohol examinations. Mr. Knoy tested a sample from one of the vials twice. … The toxicologist produced a photograph of the vials, which were clearly labeled to indicate that they contained sodium fluoride.

James H. Eskridge v. Darlene M. Townsend, Ph.d

Court of Appeals of Washington · Sep 17, 2013

Townsend's failure to assert the defense until just before trial: Clearly if at any time initially this issue might not come up, clearly I would think after the deposition on February 24th where some of these … Townsend did not cite the anti~SLAPP statute or make any reference to the material facts she would have to establish to support anti-SLAPP immunity (that she had communicated matters to an agency that were reasonably

King Co Dept Of Dev. & Environ. Ser. Bldg, App-cross Res v. Stephan & Sandra Klineburger, Res-cr App

Court of Appeals of Washington · Aug 3, 2015

The county hearing examiner affirmed the order, concluding that the County did not have the authority to disturb Ecology's determination that the Klineburgers' property did not qualify for an exception to state regulations … DPER informed them that they could not build in the floodway unless they could establish that their site qualified as an exception to the floodplain management regulations.

State Of Washington, V. Cory Taylor Pratt

Court of Appeals of Washington · Jun 28, 2022

So there clearly is not an established relationship. Pratt, 196 Wn.2d at 851 (alterations in original) (citations omitted). … The legislature clearly intended the community custody served on SSOSA to not be credited for time served against a sentence if the SSOSA is revoked for any purpose.

Dale E. Alsager, D.o., Phd. v. Wa State Bd Of Osteopathic Medicine

196 Wash. App. 653 · Court of Appeals of Washington · Nov 15, 2016

We disagree and hold that although board proceedings have a punitive aspect, they do not qualify as “criminal cases” within the meaning of those constitutional provisions. … RCW 7.24.146 clearly states that the UDJA “does not apply to state agency action reviewable under [the APA,] chapter 34.05 RCW.”

In Re Dutcher

60 P.3d 635 · Court of Appeals of Washington · Dec 30, 2002

But the statute clearly contemplates that such decisions will be based on the merits of a release plan, and nowhere offers any authority for dispensing with such plans altogether. … make its early release decisions based upon plans proposed by inmates and reviewed by the department, and has (we believe wisely) not authorized any exemption from this process simply because ESRC believes the offender qualifies

State v. Hinton

12 Wash. App. 267 · Court of Appeals of Washington · Dec 16, 1974

Jarvis was not qualified to answer the hypothetical question without first showing he had knowledge of defendant based on his personal examination. We do not agree. … Jarvis to testify “upon a ground, or to an extent, clearly untenable or manifestly unreasonable.” Friedlander v. Friedlander, 80 Wn.2d 293, 298 , 494 P.2d 208 (1972). See generally R.

Kuest v. Regent Assisted Living, Inc.

43 P.3d 23 · Court of Appeals of Washington · Mar 25, 2002

person from outside the protected class. [9] The employee alleging discrimination must establish specific and material facts to support each element of his *27 or her prima facie case. [10] If a prima facie case is established … The terms (or offer) in the employment contract clearly excluded the policy as part of the original employment contract, thus anticipating its existence.

Alpine Lakes Protection Society v. DNR

979 P.2d 929 · Court of Appeals of Washington · Jul 12, 1999

STANDARD OF REVIEW Threshold decisions that an EIS is not required generally are reviewed under the "clearly erroneous" standard. King County v. … Under the act, only certain "qualified" parties are eligible for fees but there is no dispute that ALPS is a qualified party.

Harrison Memorial Hospital v. Gagnon

110 Wash. App. 475 · Court of Appeals of Washington · Mar 1, 2002

According to the superior court’s findings, “[t]he work required her to perform Emergency Medical Technician duties aboard an ambulance, to administer immunizations, to handle bloody surgical instruments, and to clean operating … Dep’t of Labor & Indus., 101 Wn.2d 512, 518 , 681 P.2d 233 (1984) (sole fact-finding function in court review of board order is to examine evidence and determine whether or not it clearly preponderates against board’s findings

State v. Flowers

30 Wash. App. 718 · Court of Appeals of Washington · Feb 3, 1982

Acting knowingly or with knowledge also is established if a person acts intentionally. Although this instruction was disapproved in State v. … Also, because of the prosecutor's request for the death penalty, he argues that he was prejudiced by the process used to qualify the jury for a death penalty case.

John Doe G v. Department of Corrections

197 Wash. App. 609 · Court of Appeals of Washington · Jan 23, 2017

A footnote in the Department's brief stated that the Department would also redact information that "clearly qualifie[s] as medical information." … App. 106, 780 P.2d 853 (1989) (plaintiffs with AIDS (acquired immune deficiency syndrome) brought class action suit against producers and distributors of blood products); Jane Doe v. Fife Mun. Court, 74 Wn.

Karanjah v. Department of Social & Health Services

199 Wash. App. 903 · Court of Appeals of Washington · Jul 25, 2017

A qualified 19 48666-1-II party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit … that the qualified party sought.