Case law

Delivery Express, Inc. v. Washington State Dept. Of Labor & Industries

Court of Appeals of Washington · Jun 10, 2019

Under this approach, any small passenger car or even a motorcycle would qualify. … DEl failed to establish that any of these drivers, with the exception of two, operated trucks and failed to establish ~ 195Wn. App. at 621. ki. at 623-24.

State v. Woolfolk

977 P.2d 1 · Court of Appeals of Washington · May 17, 1999

The eventual meeting place, a fast-food restaurant, was established during a second telephone conversation between Braley and Woolfolk. … The court found this evidence insufficient to qualify the defendant as "armed" and struck the sentence enhancement. See id. See also State v.

In Re The Detention Of: P.r.

492 P.3d 236 · Court of Appeals of Washington · Aug 3, 2021

He explained that the medications would allow PR to think more clearly and that they would relieve the intensity of PR’s symptoms. … What period of prolonged detention qualifies as “substantial” must be determined on a case by case basis, based on all the relevant facts and circumstances.

Eddie E. Acord, et ux v. Britton K. Pettit, et ux

Court of Appeals of Washington · Mar 14, 2013

Lang noted, "[a]n established fence has been the common boundary of this line between various past landowners. A survey ... placed the line 100+ feet to the North of this common established fence line." CP at 123. … Lang was clearly a well educated and a very experienced forester. He was then clearly qualified as an expert.

State of Washington v. Joshua Michael Barnes

196 Wash. App. 261 · Court of Appeals of Washington · Oct 6, 2016

Barnes includes a doll in the driver's seat would also qualify for theft of a motor vehicle ifwe literally read RCW 46.04.320 and .670. … Barnes parent's immunity from actions brought by a child arising out of the "operation of a motor vehicle."

Carvin v. Britain

121 Wash. App. 460 · Court of Appeals of Washington · May 3, 2004

Borst, 41 Wn.2d 642, 657 , 251 P.2d 149 (1952) (limiting the doctrine of parent-child immunity); Freehe v. … Freehe, 81 Wn.2d 183, 189 , 500 P.2d 771 (1972) (abolishing the old rule of interspousal tort immunity and commenting on the court’s right to do so).

State v. Crider

78 Wash. App. 849 · Court of Appeals of Washington · Aug 1, 1995

Clearly, in this case we have repeated offenses where Mr. Crider, in effect, preyed upon young girls 13, 14 years old, defenseless both by their physical stature and their emotional development. Clearly used threats. … How many of these were statutory rapes cannot be ascertained because the record lacks precise data regarding ages, but at least five of these contacts potentially qualify as rapes. Mr.

State Of Washington, V. Eric Emil Leer

561 P.3d 761 · Court of Appeals of Washington · Dec 30, 2024

raise Frye before the trial court. 18 “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … This exchange demonstrates Leer was clearly aware that Frye principles were implicated in his challenge to the admissibility of the results from the 2022 blood test, but rather than proceeding through well-established procedures

Heller Bldg., LLC v. City of Bellevue

194 P.3d 264 · Court of Appeals of Washington · Oct 27, 2008

This was based on the court's incorrect conclusion that because the City approved HBL's changes, none of the work could be considered outside the scope of the permit. ¶ 42 Here, in order to show that its project still qualified … Therefore, HBL has not met its burden of establishing that it is entitled to relief under LUPA. *274 3.

Citizens for Fair Share v. Department of Corrections

117 Wash. App. 411 · Court of Appeals of Washington · Jul 1, 2003

Citizens replies that its complaint adequately gave the Department notice of the general nature of its claim — that the Department deprived it of “rights, privileges, and immunities” under the state and United States constitutions … Accordingly, the Department clearly violated this section of the PDA, RCW 42.17.310(4), and the trial court erred in granting summary judgment to the Department on this PDA claim. See Nast v.

State Geoduck Harvest Ass'n v. State Dnr

101 P.3d 891 · Court of Appeals of Washington · Nov 30, 2004

DNR implements an established auction process under which geoduck harvesters must comply with numerous requirements prior to and after successfully bidding on harvesting rights. … But the statutes clearly separate the obligations of DFW and DNR. Chapter 77.04 RCW establishes the responsibilities of DFW.

Taylor v. Enumclaw School District No. 216

133 P.3d 492 · Court of Appeals of Washington · May 1, 2006

Lopez have not extended its holding to each component of the educational process. [19] Although participation in extracurricular activities, including sports, clearly supplements and enriches a student's educational experience … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Jubitz Corporation v. State Department of Revenue

Court of Appeals of Washington · Aug 6, 2024

Jubitz issued fuel cards to qualified customers that allowed the customers to obtain fuel both at Jubitz stations and at other fueling stations in the Pacific Pride/CFN networks. … Jubitz Fuel Cards Jubitz issued fuel cards to certain qualified customers.

In Re Parentage of LB

89 P.3d 271 · Court of Appeals of Washington · May 3, 2004

Borst, 41 *280 Wash.2d 642, 657, 251 P.2d 149 (1952) (limiting the doctrine of parent-child immunity); Freehe v. … Freehe, 81 Wash.2d 183, 189 , 500 P.2d 771 (1972) (abolishing the old rule of interspousal tort immunity and commenting on the courts right to do so).

Pitell v. King Cnty. Pub. Hosp. Dist. No. 2

423 P.3d 900 · Court of Appeals of Washington · Aug 13, 2018

At the time, he was uninsured and did not qualify for Medicare or Medicaid. … It includes over 16,000 line items that establish the standard charge for each service.

Phoenix Development v. City of Woodinville

229 P.3d 800 · 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.

State v. Freitag

74 Wash. App. 133 · Court of Appeals of Washington · May 9, 1994

excessive or clearly too lenient. … Freitag clearly meets the Trog factors.

Fischer-McReynolds v. Quasim

6 P.3d 30 · Court of Appeals of Washington · Aug 11, 2000

To establish a prima facie case of a failure to accommodate, Fischer-McReynolds must show that (1) she is handicapped, [3] (2) she is qualified to fill a vacant position with her employer, and (3) her employer failed to reasonably … Fischer-McReynolds clearly was alleging violations of civil service statutes and regulations. Thus, she could not seek remedies in superior court until she first pursued available administrative remedies.

Feil v. Eastern Washington Growth Management Hearings Board

153 Wash. App. 394 · Court of Appeals of Washington · Dec 3, 2009

The findings refer to the buffers established in the permit application, and the application in turn promises compliance with the buffer requirements of the County code. … County regulations that establish recreational overlay districts in agricultural areas do not then permit a land use that is prohibited by the GMA.

Cyrus Y. Kim v. Best Buy And City Of Federal Way

Court of Appeals of Washington · Oct 2, 2017

Kim claims that Federal Way can therefore not claim sovereign immunity. But, Lake Country Estates does not stand for the proposition that cities do not enjoy sovereign immunity. … Our courts have clearly recognized that sovereign immunity can apply to cities and other state subdivisions.