Case law

Tammy & Julie Closner v. PeaceHealth

Court of Appeals of Washington · Feb 26, 2026

The angiogram demonstrated severe stenosis in the same area of the earlier procedure clearly calling for intervention. 11. … Generally, a plaintiff must support each element of their medical malpractice claim with qualified expert testimony. Campanelli v. PeaceHealth Sw. Med. Ctr., 34 Wn.

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.

State Of Washington v. Kevin Richard Hubbard

Court of Appeals of Washington · Jun 22, 2015

Direct examination of James Henderson continues151 The audio recording clearly reflects that the court took a recess while waiting for Henderson to arrive. … Hubbard has the burden of establishing that Henderson was not sworn.

State of Washington v. Karrlee Theresa Clements

423 P.3d 253 · Court of Appeals of Washington · Aug 2, 2018

She did not yet qualify for Social Security, but her house was paid off and until she did qualify, she planned to live frugally using assets in a 401(k) account that she held with The Vanguard Group. … She also argues that the sentence was based on untenable grounds and was clearly excessive. A.

Chuckanut Conservancy v. WASH. STATE DNR

156 Wash. App. 274 · Court of Appeals of Washington · May 24, 2010

. ¶ 24 The agency conducts a threshold process to decide whether an action qualifies as a major action significantly affecting the quality of the environment. [17] The agency considers mitigation measures the applicant will … We review the agency action, not the decision of the superior court. [22] A threshold determination that an EIS is not required is reviewed under the "clearly erroneous" standard. [23] A *1160 court will overturn a DNS only

Sumas Mountain Comm For Landslide Awareness v. Wa State Forest Practices Brd

Court of Appeals of Washington · Nov 5, 2018

The court issued a memorandum decision in which it stated that the State Supreme Court's opinion in WEA established a narrow definition of "agency action," and the Board Manual did not qualify because it was an "advisory … A de facto rule is thus not immune from judicial review.

State v. Angulo

200 P.3d 752 · Court of Appeals of Washington · Feb 10, 2009

Clearly the defendant and victim in Biles were describing the same criminal act, and did so in sufficient detail to show that child sexual abuse occurred. … Otherwise, the court noted, the corpus delicti rule "would operate as a complete shield against punishment for his crime and afford him absolute immunity if he were cunning enough to destroy the body or otherwise conceal

Matter of Detention of Twining

77 Wash. App. 882 · Court of Appeals of Washington · Jul 12, 1995

Expert witness testimony is admissible if (1) the witness qualifies as an expert, and (2) the expert testimony is helpful to the trier of fact. ER 702; Young , at 57-58; State v. … Twining argues that a witness need not possess academic credentials if " '[practical experience in a given area can qualify a witness as an expert.’ ” State v. Simon, 64 Wn.

In Re The Detention Of: Darnell Mcgary

Court of Appeals of Washington · Jul 2, 2013

The "general acceptance" 3 consideration is clearly based on Frye. State v. … To establish prosecutorial misconduct, the defendant must establish that the prosecutor's conduct was improper. State v.

State Of Washington, V. Mitchell Heng

Court of Appeals of Washington · Jul 11, 2022

Heng establishes neither. … To the contrary, Anderson was undisputedly qualified as an expert by her training and experience as a fire marshal.

International Ultimate, Inc. v. St. Paul Fire & Marine Insurance

122 Wash. App. 736 · Court of Appeals of Washington · Apr 5, 2004

Although he explains that he reviewed the documents and made copies from the originals, he does not establish personal knowledge. … Without the arbitration award and subsequent transfer to Moskam, the barratry would clearly have been the loss.

State v. Emery

161 Wash. App. 172 · Court of Appeals of Washington · Apr 13, 2011

Again, when viewed in the context of the prosecutor's entire argument, the prosecutor here did not clearly express a personal belief in GC's credibility. … The statute establishes alternative means of committing first degree robbery. State v.

In Re the Personal Restraint of McNeal

99 Wash. App. 617 · Court of Appeals of Washington · Mar 6, 2000

Under subsection (8)(a)(ii)(A), if the offender qualifies for the special sex offender sentencing alternative, the court must place the offender on community custody for the length of a suspended sentence or three years, … We conclude that, although the Legislature clearly meant to characterize community custody revocation hearings as inmate disciplinary proceedings, giving DOC authority to conduct the hearings and impose sanctions on individuals

State v. Walker

129 Wash. App. 258 · Court of Appeals of Washington · Aug 29, 2005

Washington, the United States Supreme Court established a rule barring admission of testimonial hearsay absent witness unavailability and a prior opportunity to cross-examine with regard to the statement. 11 Because it was … [as interrogation] under any conceivable definition.” 16 And in a subsequent case, the United States Supreme Court found that “police questioning during a Terry stop qualifies as an interrogation,” and that “responses to

Bayley Construction v. Department Of Labor & Industries

Court of Appeals of Washington · Oct 21, 2019

Bayley alleged the Department could not establish a serious violation of WAC 296-155- 24615(3)(a)(ii). … Although it was not intended to be jumped on, it is clearly a possibility.'"

In Re the Parental Rights to R.M.P.

191 Wash. App. 743 · Court of Appeals of Washington · Dec 15, 2015

(f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home. A. … App. 420, 961 P.2d 963 (1998), to support her argument that the Department cannot establish futility.

State v. Bowman

36 Wash. App. 798 · Court of Appeals of Washington · Mar 5, 1984

Bowman does not question that the evidence establishes that Mrs. … Our record here, unlike that in Boykin , is clearly not a "silent record."

Western Ports Transportation, Inc. v. Employment Security Department

110 Wash. App. 440 · Court of Appeals of Washington · Mar 4, 2002

Thus, when Congress has intended to prohibit state taxing authorities from “burdening” interstate commerce, it has done so expressly, clearly and understandably. … Marshall did qualify as an independent contractor under federal motor carrier regulations governing interstate commerce, and did qualify as an independent contractor under common law principles.

P.s.c., Inc., V. Purdys Public House, Llc

Court of Appeals of Washington · Mar 3, 2026

Of note, RCW 6.27.110(2) clearly states that when a judgment creditor serves the garnishee a writ by mail, it “shall be mailed to the garnishee by certified mail, return receipt requested, addressed in the same manner as … However, we must still interpret the statute based on established legal principles and not on sympathy. 13 No. 60806-5-II Watkins, 137 Wn.2d at 639-40 (emphasis added

Scott & Cathleen Brueske v. Chelan County

Court of Appeals of Washington · Jun 27, 2023

Chelan County use decision, the Brueskes must establish at least one of the six standards set forth in RCW 36.70C.130(1) has been met. … Chelan County Because the Brueskes have established at least one of the standards set forth in RCW 36.70C.130(1), they are entitled to relief.