Case law

Oscar's, Inc. v. Washington State Liquor Control Board

101 Wash. App. 498 · Court of Appeals of Washington · Jul 17, 2000

Security personnel must wear clothing that clearly identifies them as security. … Second, we note the difference in the wording of the regulation: in the rule in Reeb, “permit” was not qualified by “knowingly”, as it is here.

Costanich v. DEPT. OF SOC. & HEALTH SERVS.

156 P.3d 232 · Court of Appeals of Washington · Apr 18, 2007

erroneously interpreted or applied the law; (3) the agency failed to follow a prescribed procedure; or (4) the order is inconsistent with a rule of the agency. [4] The party challenging an agency's decision has the burden of establishing … superior court awarded Costanich attorney fees under the Equal Access to Justice Act (EAJA), RCW 4.84.350, which provides in relevant part: *240 (1) Except as otherwise specifically provided by statute, a court shall award a qualified

Levea v. G. A. Gray Corp.

17 Wash. App. 214 · Court of Appeals of Washington · Mar 28, 1977

Investigation established that the stud, which is a piece of 3/4-inch threaded steel rod, was of low strength steel rather than the much stronger high tensile (hardened) steel called for by the design specifications for the … The claim of jury misconduct is clearly of the kind which inheres in the verdict and which therefore we may not consider. Gardner v. Malone, 60 Wn.2d 836, 841 , 376 P.2d 651 (1962); Rasor v.

Washington Professional Real Estate, LLC v. Young

163 Wash. App. 800 · Court of Appeals of Washington · Sep 15, 2011

Brooks must therefore be the procuring cause of this sale to qualify for the commission.”). … Tom Eastman. 2 Prudential filed declarations establishing that it performed its duty not only by erecting its sign, creating the marketing brochure picked up by Dr.

Rabon v. City of Seattle

932 P.2d 646 · Court of Appeals of Washington · May 7, 1997

Rabon has failed to establish irreconcilable conflict. Rabon next contends that the trial court erred when it concluded that he would not prevail on his procedural due process argument. … The record clearly demonstrates that he failed to comply with the minimum requirements of maintaining a dangerous dog.

Diane Christian, et ux v. Antoine Tohmeh, MD, et ux

191 Wash. App. 709 · Court of Appeals of Washington · Dec 15, 2015

Antoine Tohmeh next argues that Diane Christian presented no testimony to establish that he violated the standard of care. … Nevertheless, Tohmeh advances no case and we find no case that demands a patient, in response to a summary judgment motion, qualifY or quantifY the extent or nature of damages incurred.

State Of Washington v. R.d.m., Dob: 11/01/97

Court of Appeals of Washington · Feb 17, 2015

Rybicki was not qualified to critique the CAC interview. … Rybicki's basic qualifications were not established.

In Re Martin

223 P.3d 1221 · Court of Appeals of Washington · Dec 24, 2009

Martin was discharged for qualifying misconduct. We, therefore, reverse the decision of the superior court and affirm the Commission's decision. … least ten years' experience as peace officers; and (iv) one person who is not currently *1227 a peace officer and who represents a community college or four-year college or university. ¶ 23 The plain words of the statute clearly

Matter of Marriage of Foran

67 Wash. App. 242 · Court of Appeals of Washington · Aug 24, 1992

Evidence that reasonably tends to establish the theory of a party or to qualify or disprove the testimony of the adversary is relevant. Brown v. Spokane Cy. Fire Protec. … Clearly, under Matson, Peggy did not have sufficient time to consult with independent counsel. She first saw the contract on January 10.

State v. Williams

30 Wash. App. 558 · Court of Appeals of Washington · Nov 9, 1981

There is nothing conclusive in the evidence establishing the legality or the illegality of the officers' conduct.... … The burden is on the defendant to clearly establish on the record the commission of error by the trial court. (Citations omitted. Italics ours.)

Sefnco Communications, Inc., V. Dept Of Labor & Industries

Court of Appeals of Washington · Jul 5, 2022

It also challenges whether the flagger committed the violations and whether the violations qualified as repeat serious violations. We affirm. … However, the settlement agreement, which was the source of the abatement obligations, stated it did not render SEFNCO immune from future compliance efforts.

Whatcom County v. Eric Hirst

Court of Appeals of Washington · Feb 23, 2015

Several provisions in the rule pertain only to whether water rights may be established under the permitting system. … Hirst argues that even if there was "an 'Ecology interpretation' expressing a 'legal conclusion' that the [Nooksack Rule] 'was not intended to apply to permit exempt withdrawals,' as the County claims, it would not immunize

Gregory Tayloe-mccandless v. Dept. Of Social & Health Svcs

Court of Appeals of Washington · Aug 17, 2015

At common law, the State was immune from lawsuit. Linville v. State, 137 Wn. App. 201, 208, 151 P.3d 1073 (2007). … The Legislature also clearly expressed its intent to insulate a parent from allegations of child abuse or neglect based solely on the existence of a parent's disability or handicap.

Matt Surowiecki, Sr., App v. Hat Island Community Assoc., Resps

Court of Appeals of Washington · Sep 21, 2020

The rule clearly applies to managerial decisions made by individual officers or directors of a corporation. … Riss clearly holds that this type of discretionary decision is subject to review only for its reasonableness.

Garcia v. STATE DEPT. OF TRANSP.

270 P.3d 599 · Court of Appeals of Washington · May 2, 2011

Miller, who by all accounts is certainly qualified as an expert in this area, in his opinion, the City failed to exercise proper engineering discretion by not demanding or requesting of the state Department of Transportation … It is well established that in order to hold a municipality liable for failure to provide a safe roadway, the plaintiff must establish "more than that the government's breach of duty might have caused the injury."

Cascade Floral Prod., Inc. v. Dep. of Labor & Industries

177 P.3d 124 · Court of Appeals of Washington · Jan 15, 2008

Moving for summary judgment, the Companies argued that brush picking is not an "agricultural activity," nor does it qualify as "forestation or reforestation" under the Act. … The ejusdem generis rule applies where lists of both general and specific terms are clearly associated in a sentence. Sw. Wash. Chapter, Nat'l. Elec. Contractors Ass'n., 100 Wash.2d at 116-17 , 667 P.2d 1092 .

Martin v. Criminal Justice Training Commission

154 Wash. App. 252 · Court of Appeals of Washington · Dec 24, 2009

Martin was discharged for qualifying misconduct. We, therefore, reverse the decision of the superior court and affirm the Commission’s decision. … have at least ten years’ experience as peace officers; and (iv) one person who is not currently a peace officer and who represents a community college or four-year college or university. ¶23 The plain words of the statute clearly

Johnson v. Recreational Equipment, Inc.

159 Wash. App. 939 · Court of Appeals of Washington · Feb 7, 2011

He also noted that the bicycle itself was “clearly a high mileage vehicle” that displayed “substantial wear and tear.” CP at 176. … REI asserts that “there is no evidence in the record to establish that the fork at issue deviated from Aprebic’s design standards.” Br. of Pet’r at 34.

Alaa Elkharwily, M.d., V. Kaiser Permanente

Court of Appeals of Washington · Aug 19, 2025

Because Elkharwily was hired on as a nocturnist, FHS’s executive committee concluded that Elkharwily needed to receive nighttime proctoring from a “qualified privileged and credentialed” night-shift hospitalist. … For example, “the employer/employee relationship is sufficient to establish privity.” Kuhlman, 78 Wn. App. at 121.

Masunaga v. Gapasin

52 Wash. App. 61 · Court of Appeals of Washington · Jul 25, 1988

'"When the term "or" is used it is presumed to be used in the disjunctive sense, unless the legislative intent is clearly contrary.'" Childers v. Childers, 89 Wn.2d 592, 595 , 575 P.2d 201 (1978) (quoting 1A C. … Burt , at 132, rejected this argument, holding that the decedent did *68 not qualify as a minor under RCW 4.24.010. Thus the parents were unable to recover under either provision of RCW 4.24.010.