Case law

Donald B. Murphy Contractors, Inc. v. State

40 Wash. App. 98 · Court of Appeals of Washington · Mar 14, 1985

Rather, the State clearly intended to use these culverts only as temporary detours while completing the permanent sections to the I-90 freeway project. The other cases cited by DBM we find equally unhelpful. … Alternatively, DBM asserts that even if the statements were hearsay, the statements qualify as admissions under ER 801(d)(2), because the agents had either actual or apparent authority, citing *109 Hartman v.

Tiderman v. Fleetwood Homes

35 Wash. App. 872 · Court of Appeals of Washington · Oct 17, 1983

Here, the jury could have concluded that the language "necessary to make the use of the product reasonably safe" either qualifies the duty to warn, or that it merely explains why the duty to warn is absolute. … Evidence, both oral and documentary, *879 clearly established that she and her roommate, Sonja Strandholm, were copurchasers of the unit.

In re the Personal Restraint of Morris

189 Wash. App. 484 · Court of Appeals of Washington · Jul 13, 2015

Feldman clearly qualified as an expert. … Feldman could not establish the timing of the injury. 122 ¶65 Morris also asserts that if trial counsel had used the studies available on the issue of lucid intervals, “she could have established through Dr.

State v. Carlson

143 Wash. App. 507 · 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 [urinalyses].”

Palmer v. Massey-Ferguson, Inc.

3 Wash. App. 508 · Court of Appeals of Washington · Oct 29, 1970

Under the circumstances, we think that the expert witness was well qualified to give the testimony offered. … If a plaintiff elects to proceed under strict liability, of course Ulmer does not require added proof sufficient to establish negligence if evidence sufficient to establish a right to recover under strict liability theory

Estevez v. Faculty Club of the University of Washington

129 Wash. App. 774 · Court of Appeals of Washington · Mar 28, 2005

The burden is on the moving party to establish its right to summary judgment as a matter of law. CR 56(c); Kahn, 90 Wn. … Thus, we hold that the Club does not have “meaningful conditions of limited membership” sufficient to qualify it for a “bona fide private club” exemption under 42 U.S.C. § 2000e(b)(2).

Majority Opinion

Court of Appeals of Washington · Jun 26, 2014

This is evidence that there was some forethought to the murders and that Cross was acting clearly and with intention, not as a result of mental illness. … Weyerhaeuser Co., 134 Wn.2d 795, 803, 953 P.2d 800 (1998) (malingering can be established through expert and nonexpert opinion).

Storedahl Properties, LLC v. Clark County

178 P.3d 377 · Court of Appeals of Washington · Mar 11, 2008

Samis, 143 Wash.2d at 809, 23 P.3d 477 . ¶ 23 Storedahl contends that the thrust of chapter 13.30A of the Clark County Code is clearly on funding. … The County correctly argues that the GAO decision "sets forth a federal analysis of whether the King County storm water management fee is a tax for purposes of the federal immunity from state taxation."

Rhoades v. DEPARTMENT OF LABOR AND INDUSTRIES, STATE

181 P.3d 843 · Court of Appeals of Washington · Apr 22, 2008

Auman clearly applied RCW 51.32.080, the same statute at issue here. ¶ 16 Finally, Ms. Rhoades argues that neither Auman nor Messer [3] addressed the gender discrimination issue raised here. … The ERA's broad protection goes beyond that of the equal protection clause of the federal constitution and the privileges and immunities clause of the state constitution. State v.

Calportland Company v. Levelone Concrete, Llc

Court of Appeals of Washington · Mar 25, 2014

Ferguson correctly argues that the statute' s language clearly establishes its meaning and that this court should therefore not 7 No. 43760 -1 - … not have an ownership interest in any property " subject" to the lien within the meaning - RCW 60: 04: 141 - Iri fact, - plain terms of the statute rendered Costco' s property of the immune

Little v. PPG Industries, Inc.

19 Wash. App. 812 · Court of Appeals of Washington · Apr 18, 1978

Plaintiff's appeal does clearly urge error in the court's failure to allow the jury to consider the strict liability theory, and we think this contention is well taken. … This must, however, be qualified by the holdings in a few cases, that there are some products which are so highly dangerous, and so utterly unsuited for their intended use, that the responsibility cannot be shifted; and that

Beatty v. Fish & Wildlife Commission

185 Wash. App. 426 · Court of Appeals of Washington · Jan 15, 2015

“The pamphlet shall be written to clearly indicate the prospecting methods that require a *445 permit under this chapter and prospecting methods that require compliance with the pamphlet.” RCW 77.55.091(3). … The action must be an agency order, directive, or regulation of general applicability and meet one of the five expressed qualifiers in the definition.

City of Renton v. Scott Pacific Terminal, Inc.

9 Wash. App. 364 · Court of Appeals of Washington · Jul 23, 1973

as establishing value. … The instruction quoted above clearly directs valuation as of the date of trial.

David Martin v. Gonzaga University

Court of Appeals of Washington · Sep 7, 2017

Gonzaga University words, establish insubordination. … Fourth, what reasons for termination from employment qualify as an overridingjustification? In this appeal, we ask whether insubordination qualifies as an overriding justification.

Jewels Helping Hands & Ben Stuckart v. Brian Hansen

539 P.3d 68 · Court of Appeals of Washington · Dec 7, 2023

Hansen and his supporters successfully gathered sufficient signatures to qualify the initiative for the November 2023 ballot. … Contrary to Jewels’s contention, the city clearly intended SMC 12.02.1010(A)(2) and (A)(3) to apply to only city property.

State v. Borland

57 Wash. App. 7 · Court of Appeals of Washington · Feb 20, 1990

Testimony by the child witness may be waived by the defendant, but the fact of such waiver should be clearly made on the record. 16 2. … Thus, the statement qualifies as "spontaneous." State v. Henderson, 48 Wn. App. at 550. Likewise, D.W's statements were made in response to questions that were neither leading nor suggestive. 19 Thus, D.W.'

Raymond Cook et ux v. Tarbert Logging, Inc.

190 Wash. App. 448 · Court of Appeals of Washington · Oct 1, 2015

Relying on the trial court's ruling, both defense lawyers established through cross- examination of Mr. … Cook's testimony established that a couple of years after the accident, Joshua had sold the truck by parting it out.

Weiss v. Thompson

85 P.3d 944 · Court of Appeals of Washington · Mar 8, 2004

The City's argument that Weiss has not established a violation of due process for the purpose of habeas corpus relief is at odds with its concession that his liberty was restrained. … But Mink is not persuasive because its facts are clearly distinguishable.

Phoenix Development, Inc. v. City of Woodinville

154 Wash. App. 492 · Court of Appeals of Washington · Nov 2, 2009

rezones further a number of comprehensive plan policies and therefore bear a substantial relationship to the public health, safety, morals, and welfare. ¶41 In sum, WMC 21.04.080 requires that the city approve an otherwise qualified … The record establishes that adequate services can be provided to the proposed developments.

In The Matter Of The Parental Rights To: J.f.r. And J.t.r.

Court of Appeals of Washington · Dec 8, 2025

Even if we assume (without deciding) that A.R. has established deficient performance, she has not established any resulting prejudice. … Although the cited portion of the order is erroneous, the record clearly shows that the trial court was not, in fact, mistaken about M.K.P.’s willingness to serve as a guardian.