Case law

Joyce Kelley v. Pierce County, Mark Skagren & "jane Doe" Skagren

Court of Appeals of Washington · Feb 20, 2014

immunity to GALs in the past and ( 2) the face of Kelley' s complaint establishes that quasi-judicial immunity applies here. … complaint establishes that quasi-judicial immunity applies; and ( 3) Kelley' s previous protection order litigation establishes that quasi-judicial immunity applies. 3 We hold that Skagren is not entitled

Emmerson v. Weilep

110 P.3d 214 · Court of Appeals of Washington · Apr 12, 2005

Weilep points out the text of RCW 4.24.510 expressly provides for immunity from "civil liability," as opposed to immunity from a civil action for damages, its meaning must be construed in the context of the statutory scheme … Here, the legislative purpose gives qualifying parties immunity from "civil action[s] for damages," (RCW 4.24.500) and the statutory intent language discusses liability in terms of a "civil complaint or counterclaim ... on

Sina Ghodsee, V. City Of Kent, Et Ano

508 P.3d 193 · Court of Appeals of Washington · Apr 18, 2022

This differs from sovereign immunity, which denies all liability. Id. … Ghodsee must demonstrate gross negligence in order to overcome immunity.

Kerry L. Erickson, V. Pharmacia Llc.

548 P.3d 226 · Court of Appeals of Washington · May 1, 2024

Perrillo was qualified to testify about neuropsychological effects of PCB exposure. Under ER 702, a witness may qualify as an expert “by knowledge, skill, experience, training, or education.” … As an example, a nonphysician may qualify as an expert to testify in a medical malpractice case. Id.

American Honda Motor Co. v. City of Seattle

167 Wash. App. 578 · Court of Appeals of Washington · Apr 2, 2012

The taxpayer has made a claim that some of their sales are not subject to the Seattle B&O tax because they qualify for an import exemption or deduction. … As soon as the journey began, tax immunity attached.” Wash.

Carlson v. San Juan County

183 Wash. App. 354 · Court of Appeals of Washington · Sep 2, 2014

As proposed, Council members are qualified by residing in one of three districts, called “residency districts.” … Section 4.32 - Legislative Body - Nominations Qualified voters of eaeh-d-istriet the County shall nominate candidates for the Legislative Body.

Liberty Bank of Seattle, Inc. v. Henderson

75 Wash. App. 546 · Court of Appeals of Washington · Aug 29, 1994

Clearly, RCW 30.12.040 provides that the supervisor must comply with the statutory requirements when exercising his or her formal authority to remove. … These statements appear to be relatively innocuous and may well not be defamatory, or may be protected by an absolute or qualified privilege.

Momah v. Bharti

144 Wash. App. 731 · Court of Appeals of Washington · Apr 28, 2008

Once the plaintiff has established a prima facie case of defamation, the defendant can raise either an absolute or qualified privilege to defend against liability for defamatory statements. See Bender v. … "An absolute privilege or immunity is said to absolve the defendant of all liability for defamatory statements . . .

Esparza v. Skyreach Equipment, Inc.

15 P.3d 188 · Court of Appeals of Washington · Dec 26, 2000

The court then prohibited Skyreach from arguing that JLG Industries, Inc., was a nonparty entity to which the jury could allocate fault because the evidence did "not establish that the machine was defective either in design … each other and serve the same purpose—prompt payment of benefits to the injured worker and immunity from allocation of fault to the employer.

Oda v. State

111 Wash. App. 79 · Court of Appeals of Washington · Apr 8, 2002

By contrast, the waiver of sovereign immunity in tort in RCW 4.92.090 is broad. … Thus, our Supreme Court has said that an individual plaintiff can support a disparate treatment case with statistics, but cannot establish a prima facie case of disparate treatment with statistics.

Avnet, Inc. v. Department of Revenue

187 Wash. App. 427 · Court of Appeals of Washington · Apr 28, 2015

The Court soundly rejected this immunity in Complete Auto Transit, expressly overruling precedents to the contrary. 430 U.S. at *446 288-89 . … Avnet further asserts that delivery by common carrier into the taxing state does not qualify as in-state activity for purposes of substantial nexus.

McDowell v. AUSTIN COMPANY

39 Wash. App. 443 · Court of Appeals of Washington · Jan 7, 1985

We hold that an indemnity clause of this type is enforceable only if it clearly and specifically contains a waiver of the immunity of the workers' compensation act, either by *448 so stating or by specifically stating that … Inclusion of that language clearly shows an intent to waive the immunity of the Industrial Insurance Act.

Oda v. State

44 P.3d 8 · Court of Appeals of Washington · Apr 8, 2002

By contrast, the waiver of sovereign immunity in tort in RCW 4.92.090 is broad. … Numerous qualified Black and Spanish-surnamed applicants who sought line driving jobs at the company over the years "either had their requests ignored, were given false or misleading information about requirements, opportunities

Valdez-Zontek v. Eastmont School District

154 Wash. App. 147 · Court of Appeals of Washington · Jan 12, 2010

facie case of defamation, the defendant can assert either an absolute or a qualified privilege to defend against liability for defamatory statements. … RCW 4.24.510 Immunity ¶48 The issue is whether the District is immune from liability under RCW 4.24.510 for Ms. Jagla’s statement to the auditor (Mr. Renick) that Ms. Valdez-Zontek was having an affair with Mr.

City of Seattle v. Loutsis Investment Co.

16 Wash. App. 158 · Court of Appeals of Washington · Aug 30, 1976

authorizes the grant of federal matching funds for qualified local renewal projects. … These powers must be first clearly delegated by the people and then exercised with prudence, reason, and care.

Union Elevator & Warehouse Co. v. State

152 Wash. App. 199 · Court of Appeals of Washington · Sep 10, 2009

WSDOT countered that *203 the doctrine of sovereign immunity barred interest on the award of relocation benefits. … WSDOT denied reimbursement for the substitute equipment because it determined that the equipment at issue was real property and therefore did not qualify for relocation assistance.

Roe v. Teletech Customer Care Management (Colorado), LLC

152 Wash. App. 388 · Court of Appeals of Washington · Sep 15, 2009

assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such *398 charges by proof of his or her compliance with the requirements provided in this chapter … Thus, Roe cannot establish the clarity element necessary to support her wrongful termination in violation of public policy claim and it fails. ¶26 MUMA provides qualifying medical users only a defense to criminal prosecution

Tri-Financial Corp. v. Department of Revenue

6 Wash. App. 637 · Court of Appeals of Washington · Mar 31, 1972

By the unambiguous language of RCW 82.04.180 there can be no doubt Tri-Fi-nancial qualified as a successor of Master Coaters. … The decision of the Board of Tax Appeals was not arbitrary and capricious; neither was it clearly erroneous in view of the entire record and the public policy which authorized the decision. Judgment is affirmed.

Roe v. Teletech Customer Care Management

216 P.3d 1055 · Court of Appeals of Washington · Sep 15, 2009

assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such charges by proof of his or her compliance with the requirements provided in this chapter. … Thus, Roe cannot establish the clarity element necessary to support her wrongful termination in violation of public policy claim and it fails. ¶ 26 MUMA provides qualifying medical users only a defense to criminal prosecution

State v. Constantine

182 Wash. App. 635 · Court of Appeals of Washington · Jul 31, 2014

Constantine stated in her motion that she was not asserting an affirmative defense based on her individual status as a qualifying patient, she nevertheless presented two authorization documents to establish her qualifying … These buildings were on a clearly defined living compound owned by Mr. Davis.