Case law

Sedlacek v. Hillis

104 Wash. App. 1 · Court of Appeals of Washington · Jul 10, 2000

Greene was clearly an independent contractor. Under WAC 162-16-160(11) independent contractors will not be counted as employees. … Prior judicial decisions may also establish the relevant public policy.

Adams v. Richland Clinic, Inc.

37 Wash. App. 650 · Court of Appeals of Washington · May 24, 1984

(italics ours)); RCW 4.24.290. 6 In addition, while trial courts possess a broad discretion in determining whether an expert is qualified, Harris v. … Clearly, Mrs. Adams underwent major surgery because of her belief it would obviate dieting. While Smith v.

Northern Pacific Railway Co. v. National Cylinder Gas Division of Chemetron Corp.

2 Wash. App. 338 · Court of Appeals of Washington · Apr 13, 1970

The trial court concluded the agreement was a clear undertaking based upon causation rather than negligence or fault and had the intention of the parties been otherwise, they could clearly and simply have provided in the … Inasmuch as the question of liability was not an issue in the case, that statement was not necessary to the holding and does not establish an inflexible rule requiring establishment of liability as a condition precedent for

Sedlacek v. Hillis

3 P.3d 767 · Court of Appeals of Washington · Jul 10, 2000

Greene was clearly an independent contractor. Under WAC 162-16-160(11) independent contractors will not be counted as employees. … Prior judicial decisions may also establish the relevant public policy.

Commonwealth Insurance Co. of America v. Grays Harbor County

120 Wash. App. 232 · Court of Appeals of Washington · Feb 18, 2004

Commonwealth argues that section 102 applies only to buildings that qualify as a public nuisance under common law. … Attorney Fees The County asserts that it is entitled to attorney fees because it had to litigate to establish coverage.

Moore v. Hagge

158 Wash. App. 137 · Court of Appeals of Washington · Aug 16, 2010

Similarly, if there is a clearly marked route directing pedestrians to use a particular path and it is where I am headed, then I use that marked route. … Moore concedes that “the direct evidence clearly supports the fact that he was struck by Ms. Hagge’s car while on the improved, far-right portion of South 240th Street.”

In The Matter Of The Parental Rights To: J.F.R. And J.T.R.

Court of Appeals of Washington · Nov 3, 2025

Even if we assume (without deciding) that A.R. has established deficient performance, she has not established any resulting prejudice. … Thus, A.B. does not establish an entitlement to relief.

Yes For Early Success v. Seattle & King County, Respondent's

Court of Appeals of Washington · Sep 2, 2014

Among other things, the initiative would establish a $15 minimum wage for child care teachers and staff, establish a City policy limiting child care costs to no more than 10 percent of income, prohibit violent felons from … The allegation of an OPMA violation clearly rests on Yes For Early Success's assumption that the City Charter provisions govern the ballot format.

State v. Hunter

9 P.3d 872 · Court of Appeals of Washington · Sep 18, 2000

But we find that the legislature clearly contemplated the payment of drug fund contributions. … Furthermore, we do not think that this task is more appropriately accomplished by another branch because the judiciary is uniquely qualified, by virtue of knowing the facts of each case, to determine whether to impose a drug

Hartley v. American Contract Bridge League

61 Wash. App. 600 · Court of Appeals of Washington · Jun 13, 1991

This was part of their effort to qualify for the Women's International Team Trials at which a team was to be selected to represent the United States in the World Bridge Federation's World Championships. … Here, the most important factor, the amount, kind, and continuity of activities, clearly weighs in favor of Washington having jurisdiction.

Richard A. Fox And Marnie B. Fox, Apps. v. Skagit County, Res.

193 Wash. App. 254 · Court of Appeals of Washington · Apr 11, 2016

The Department promulgated WAC 173-503 in 2001, establishing a minimum flow for the Skagit River. … But exempt wells are provided for by statute and Ecology's actions on applications for exempt wells are clearly set out in the water code—without any provision permitting a "jump to the head of the

State v. Campos

998 P.2d 893 · Court of Appeals of Washington · Apr 6, 2000

This qualifies as an additional factor showing intent under *896 Hagler and Lopez . The State's witnesses testified that a large of amount of cash in small, assorted denominations is consistent with narcotics sales. … Generally, a jury may infer specific criminal intent when it is logically probable that a defendant's conduct clearly indicates the requisite intent. State v. Stearns, 61 Wash.App. 224, 228 , 810 P.2d 41 (1991).

Lawrence Shandola v. Paula Henry

198 Wash. App. 889 · Court of Appeals of Washington · May 9, 2017

On March 23, 2013, the Henry defendants filed a motion to dismiss Shandola’s suit under CR 12(b)(6), arguing that they were immune from suit under the anti-SLAPP statute. … We will not apply a new decision retroactively if (1) the decision established a new rule of law that either overruled clear precedent upon which the parties relied or was not clearly foreshadowed, (2) retroactive application

State Of Washington v. Russell Gouveia

Court of Appeals of Washington · Sep 22, 2020

The relevance, and, thus, the admissibility of evidence of prior convictions “turn[s] on whether the convictions so established qualified as predicate convictions for purposes of RCW 26.50.110(5).” Carmen, 118 Wn. … Together the exhibits clearly establish that the 1998 conviction qualified as a predicate offense under RCW 26.50.110(5). The court properly admitted them.

City of Des Moines v. Gray Businesses, LLC

130 Wash. App. 600 · Court of Appeals of Washington · Dec 5, 2005

In 1986, Des Moines established a "Highway Commercial Zone" around Pacific Highway South that included Pine Terrace. … But clearly, not every government action that takes, damages, or destroys property is a taking.

Sunderland Family Treatment Services v. City of Pasco

107 Wash. App. 109 · Court of Appeals of Washington · Jul 3, 2001

The court further concluded that the denial of the SUP constituted a clearly erroneous application of the law to the facts. … Former PMC 22.35.010 states the purpose of the home occupation chapter as follows: “Ahorne occupation chapter is established to provide a means whereby the conduct of business may be permitted as a use accessory to an established

State v. Messinger

8 Wash. App. 829 · Court of Appeals of Washington · Apr 24, 1973

. *835 Defendant has generally challenged the use of these collateral matters without clearly enumerating the specific instances assigned as error. … While this testimony was part of the context of his meeting with this lady, the solicitations themselves do not go toward establishing any ingredient of the offense.

State v. Carlson

178 P.3d 371 · Court of Appeals of Washington · Mar 11, 2008

He leaned into the van with his flashlight and could clearly see scattered crumbs of suspected cocaine on the center, table-like surface between the driver and passenger seats. … He requested a DOSA sentence if he qualified for one. [4] He candidly admitted that he had previously received a DOSA sentence, probably in 2003, and that he had "failed it because of dirty U.A.'s."

In re the Detention of Berry

160 Wash. App. 374 · Court of Appeals of Washington · Mar 7, 2011

DSM-III-R which encompasses both less commonly encountered paraphilias and those not yet sufficiently described to merit formal inclusion in the DSM-III-R” 22 The DSM-IV-TR provides a number of examples of paraphilia NOS but clearly … McVey, 196 Ariz. 470 , 1 P.3d 113, 123 (2000) (“Frye is inapplicable when a qualified witness offers relevant testimony or conclusions based on experience and observation about human behavior for the purpose of explaining

Wesche v. Martin

64 Wash. App. 1 · Court of Appeals of Washington · Jan 27, 1992

The court reasoned as follows: *11 A holder in due course of negotiable paper enjoys certain privileges and immunities which the transferee of an unendorsed order instrument does not have. … Clearly, the benefit of deleting the interest provisions flowed to the Zeldenrusts, and the court's finding on the absence of consideration was directed to the Zeldenrusts. The trial court made no error.