Case law

In Re The Estate Of Deborah E. Reid

Court of Appeals of Washington · Aug 8, 2017

charitable society to be placed for adoption, but a family never subsequently adopted him. 143 Wn.2d at 415. 7 No. 49222-9-II We do not depart from the well-established … Washington courts have rejected the notion that affinity alone could qualify an individual as a statutory beneficiary. For example, in Tait v. Wahl, 97 Wn.

In Re Detention of Durbin

248 P.3d 124 · Court of Appeals of Washington · Mar 8, 2011

that Durbin met the criteria for commitment as an SVP. ¶ 8 On an ex parte finding of probable cause, the State transferred Durbin to the Thurston County Jail and, on September 30, 2004, Durbin stipulated that the petition established … Thus, the legislature clearly intended that the 2009 amendments apply to individuals in Durbin's position, i.e., individuals awaiting commitment under chapter 71.09 RCW and confined in a secure facility such as the SCC.

Alaska National Insurance v. Bryan

125 Wash. App. 24 · Court of Appeals of Washington · Nov 8, 2004

, Harold Bryan does not qualify as an insured under the Business Auto Policy.” ¶8 The Brunks filed a motion for summary judgment and set hearing for February 2003. … Alaska National clearly reserved the right to challenge coverage.

Clark County Public Utility District No. 1 v. Department of Revenue

153 Wash. App. 737 · Court of Appeals of Washington · Dec 15, 2009

Conversely, the Districts maintain that the basic service charges do not qualify as “gross revenue” under the statute. … The Last Antecedent Rule ¶37 The last antecedent rule of statutory construction provides that unless a contrary intent appears in the statute, a qualifying phrase refers to the last antecedent, and a comma before the qualifying

DW Close Co., Inc. v. DEPT. OF LABOR AND INDUS.

177 P.3d 143 · Court of Appeals of Washington · Feb 11, 2008

"An agency acting within the ambit of its administrative functions normally is best qualified to interpret its own rules, and its interpretation is entitled to considerable deference by the courts." … It clearly reflects one view of industry practice and was not "willful and unreasoning and taken without regard to the attending facts or circumstances." Wash. Indep., 148 Wash.2d at 905 , 64 P.3d 606 .

Timothy White, V Clark County

Court of Appeals of Washington · Jun 30, 2015

Scanned images of pre -tabulated election ballots clearly qualify as electronic records of the choices of an individual voter. … But Servais and Hoppe do not address whether regulations can qualify as " other statutes" that can create a PRA exemption.

Peters v. Richwell Resources, Ltd.

64 Wash. App. 424 · Court of Appeals of Washington · Feb 25, 1992

Hawley appeals. 2 Hawley contends the court erred in using the arbitrary stock option price to establish damages. … Pro Tern., concur. 1 Hawley's pleading clearly did not qualify as an affidavit, nor did it meet the requirements of unsworn statements under RCW 9A.72.085. 2 Richwell has not appealed nor does Hawley contend Peters received

Pamela K. Scott, V. Louise Love

Court of Appeals of Washington · Mar 14, 2022

immunity. … “It is well established that a prosecutor who acts within the scope of his or her duties in initiating and pursuing a criminal prosecution is absolutely immune from liability.” Tanner v. City of Federal Way, 100 Wn.

Hansen v. Transworld Wireless TV-Spokane, Inc.

111 Wash. App. 361 · Court of Appeals of Washington · Apr 25, 2002

See Deauville, 756 F.2d at 1197 ; but see Oxford Furniture, 984 F.2d at 1126 (trial court properly concluded parent corporation was not immune and thus submitted question of liability to jury). … Bush, 38 Wn.2d 876, 879 , 233 P.2d 847 (1951) (qualified acceptance is counteroffer, which original offeror may accept).

Brown v. Seattle Public Schools

71 Wash. App. 613 · Court of Appeals of Washington · Nov 8, 1993

Employee evaluations qualify as personal information that bears on the competence of the subject employees. … examination of any specific public record may be enjoined if, upon motion and affidavit . . . the superior court for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly

Grant v. Boccia

133 Wash. App. 176 · Court of Appeals of Washington · Mar 28, 2006

A witness qualified as an expert may testify on the basis of “scientific, technical, or other specialized knowledge” if the testimony “will assist the trier of fact to understand the evidence or to determine a fact in issue … to new ideas and options as they emanate from ongoing research”); Frederick Wolfe, Post-Traumatic Fibromyalgia: A Case Report Narrated by the Patient, 7 Arthritis Care & Res. 161 (1994) (CP at 615) (stating, “there is no clearly

Detention Of Derwin Leron Pasley

Court of Appeals of Washington · Nov 21, 2023

He testified that K.R. was able to communicate clearly and understand complex terms, and that he demonstrated life skills typical of a young adult. Dr. … Pasley cites Anderson and Froats to support his argument that the evidence was insufficient to establish he committed an ROA.

Brooks Abel, V. Grant County Public Utility District

Court of Appeals of Washington · Feb 21, 2023

Recreational Use Immunity Ruling Finally, Abel challenges the trial court’s decision that RCW 4.24.210, the recreational use immunity statute, applied as a matter of law. … trial court’s ruling on recreational use immunity was also harmless.

Puget Sound Service Corp. v. Bush

45 Wash. App. 312 · Court of Appeals of Washington · Sep 8, 1986

Rather it provided that Pioneer would refinance at its then current interest rate if the Bushes could, at that time, qualify for a loan by Pioneer's standards. … Swanson and Grosse, JJ., concur. 1 The findings and conclusions do not clearly indicate whether the financing provision is a condition precedent or merely a promise.

State Of Washington, V. Randy S. Karn

Court of Appeals of Washington · Oct 4, 2021

Megan Spohr, who evaluated N.K. and Ro.K., testified that the malnutrition they experienced generally leads to poor immunity which tends to place children at a higher risk for infection and potential death. Dr. … excessive or clearly too lenient.

Caruso v. Local Union No. 690 of International Brotherhood of Teamsters

33 Wash. App. 201 · Court of Appeals of Washington · Nov 4, 1982

Here, the "Don't Patronize" articles were clearly intended to induce potential customers not to patronize Mr. Caruso's business. Mr. … "If a 'qualified privilege' is abused, the defense is lost. Abuse of a qualified privilege occurs if: ”2.

In Re Custody Of: S.m. And A.m., John Mcculla, Sr. v. Carey Mcculla

Court of Appeals of Washington · Jul 1, 2019

Because it is clearly contrary to the legislature’s intent, we decline to interpret RCW 26.09.260(1) in the manner that Milton suggests. … Thus, Milton bears the burden of establishing that she is a fit parent.

Eisenbach v. Schneider

140 Wash. App. 641 · Court of Appeals of Washington · Sep 10, 2007

Accordingly, most of the findings are verities on appeal. 7 Estate Plan ¶12 In May 1979, Marvin and Martha Eisenbach established a trust indenture. … The trustee also allocated approximately $1.6 million to the latter subshare (the B-2 trust or Qualified Terminable Interest Property (QTIP) trust).

Lewis County v. State

178 Wash. App. 431 · Court of Appeals of Washington · Dec 17, 2013

We agree with ■ the trial court that the County presented neither type of qualifying issue here. A. … Because the County must establish all four elements to demonstrate a justiciable controversy the failure to establish any one element is fatal to its claim.

Vernon Paul Vance, V Pierce County

Court of Appeals of Washington · Oct 5, 2015

and false arrest claims, and he fails to establish a prima facie case of defamation, we affirm the trial court's order dismissing Vance's claims on summary judgment. … City of Seattle. 99 Wn.2d 582, 601-02, 664 P.2d 492 (1983) (law enforcement officers have a qualified privilege when releasing information related to a criminal defendant).