Case law

Maria Molina v. Dep't of Labor & Industries

Court of Appeals of Washington · May 29, 2025

Molina’s preexisting arthritis symptoms, testifying, “She clearly had arthritis before that that would have been amenable to a knee replacement, but this aggravated those symptoms.” CP at 141. Dr. … Molina would have qualified for a total knee replacement in 2012 were it not for her young age. However, Dr. Fitzgerald opined that the workplace injury aggravated Ms.

Jonathan v. Wright, M.d., App. v. Wa State Dept. Of Health Medical Quality Assurance Comm., Res.

Court of Appeals of Washington · Feb 9, 2015

We overturn an agency's factual findings only if they are clearly erroneous. Port of Seattle v. Pollution Control Hearings Bd., 151 Wn.2d 568, 588, 90 P.3d 659 (2004). … A plaintiff alleging a violation of the unconstitutional conditions doctrine, however, must first establish that a constitutional right is being infringed upon. Sanchez v.

Channel v. Mills

77 Wash. App. 268 · Court of Appeals of Washington · Mar 17, 1995

Unanimously, however, the authorities deem speed at a "remote” location to be insufficient to establish causation. … Assuming there are, none are suggested here. 12 Whitchurch illustrates the principles herein discussed, even though we failed to distinguish clearly between cause in fact and legal cause.

Ian Munce, V. City Of Anacortes

Court of Appeals of Washington · Dec 5, 2023

Instead, a “[p]etitioner must establish that what was adopted was clearly erroneous after giving deference to the local [jurisdiction].” Id. … He also argues that “[t]he Board erred in not requiring the City to clearly establish a wetland net loss baseline date” for monitoring and enforcement purposes. Pet’r’s Br. at 34.

Janet Lane, V. Health Care Authority

Court of Appeals of Washington · Feb 10, 2026

She also received WAH benefits, specifically Qualified Medicare Beneficiary (QMB) Medicare Savings Program (MSP) and SSI categorically needy (CN) medical assistance. … Here, the plain language of WAC 182-503-0505(3)(b) clearly imposes a residency requirement to be eligible for WAH programs.

City of Everett v. Estate of Sumstad

26 Wash. App. 742 · Court of Appeals of Washington · Jul 14, 1980

Here, however, the subject matter of the sale was clearly a safe containing a locked compartment. … As seller he would properly examine it under an implied permission to do so, to qualify him the better to act as seller. . . .

State v. Kilgore

107 Wash. App. 160 · Court of Appeals of Washington · Jul 10, 2001

Therefore, courts require a defendant to show “a train of facts” that clearly suggest someone else committed the crime. Mak, 105 Wn.2d at 716 . … App. 77 , 948 P.2d 837 (1997) (holding that State failed to establish a child’s statements to a therapist qualified under the medical-diagnosis hearsay exception) rev’d and remanded for reconsideration on other grounds sub

State v. Kilgore

26 P.3d 308 · Court of Appeals of Washington · Jul 10, 2001

Therefore, courts require a defendant to show "a train of facts" that clearly suggest someone else committed the crime. Mak, 105 Wash.2d at 716 , 718 P.2d 407 . … Carol M.D., 89 Wash.App. 77 , 948 P.2d 837 (1997) (holding that State failed to establish a child's statements to a therapist qualified under the medical-diagnosis hearsay exception) rev'd and remanded for reconsideration

Dice v. City of Montesano

131 Wash. App. 675 · Court of Appeals of Washington · Feb 22, 2006

Here, the “year to year” portion of the duration clause was surplusage since it was qualified by a clause giving either party the right to terminate the employment contract on 30 days’ notice. CP *686 at 14. … CP at 14. ¶19 The agreement here clearly stated that if the City terminated Dice’s employment for any reason other than cause, the City was required to pay him three months’ salary.

Davis v. Davis Wright Tremaine, L.L.P.

103 Wash. App. 638 · Court of Appeals of Washington · Dec 11, 2000

The analytical shortcoming of such a desire to categorize causes of action manifests itself most clearly in an action for legal malpractice. … The argument is contrary to the well-established rule that an action accrues as soon as the plaintiff knows the facts supporting all elements of his action. Dr.

State Of Washington, V. David Stefanos

Court of Appeals of Washington · Jan 16, 2024

Under this clearly established standard, the State is correct that the court erred by not requiring Stefanos to first demonstrate a colorable, fact-specific claim that the LVM conviction suffered from a constitutional … Washington case law has not clearly defined what is required to establish a colorable, fact-specific claim. Stefanos offers definitions from outside our state, including from a number of federal cases.

In Re The Dependency Of A.z.b., Jr.

Court of Appeals of Washington · Oct 24, 2017

It is well established that the labels used by a trial court to distinguish findings of fact versus conclusions of law are not controlling. … [2] [AZB] had missed some of his immunizations while he was in the care of his parents.

State Of Washington v. Alexander J. Kitt

Court of Appeals of Washington · Jun 18, 2019

It found that the gang evidence had been established by a preponderance of the evidence, was clearly relevant to prove a motive for the shooting, and explained why the shooting happened. … Juror 11 was “inquired of during the voir dire process” and was “otherwise qualifie[d] to be a juror.” RP (sentencing) at 103.

Inland Empire Dry Wall Supply Co. v. Western Surety Company

197 Wash. App. 510 · Court of Appeals of Washington · Jan 10, 2017

Their operation will not be extended for the benefit of those who do not clearly come within the terms of the act. Williams v. Athletic Field, Inc., 172 Wn.2d 683, 695 , 261 P.3d 109 (2011). … In fact, the plain terms of the statute rendered Costco’s property immune from “any action brought to recover the amount claimed” by CalPortland. RCW 60.04-.161.

Judith Cox And Charles Cox, Respondents/cross-appellants V. DSHS, Appellant/cross-respondent

Court of Appeals of Washington · Apr 18, 2023

As to the social workers, the district court concluded that they had absolute immunity or, alternatively, qualified immunity from the Coxes’ § 1983 claims. See Cox, 913 F.3d at 836. … Proposed jury instruction 24 provided that, In order to establish proximate cause based on [DSHS’s] alleged failure to provide the court with new information objectively establishing that [] Powell

State of Washington v. Kimberly Lynn Grijalva

Court of Appeals of Washington · Sep 9, 2014

The office of assigned counsel deemed an attorney qualified for the free service if the attorney was licensed and had contact with jail inmates. … The State granted Autumn Scribner immunity from prosecution and she became the State's principal trial witness.

State of Washington v. Dallas John Paul Lange

Court of Appeals of Washington · Nov 30, 2021

Manifest error Lange must also establish that the claimed constitutional error is manifest. … Spaulding correctly concludes that community supervision fees do not qualify as a “cost” under that definition. Id. at 537.

Marina N. Turner, V. Random E. Vaughn

Court of Appeals of Washington · Jul 7, 2021

Vaughn established multiple other LLCs associated with his marijuana businesses. … The court clearly laid out the length of the CIR.

Sprint International Communications Corp. v. Department of Revenue

154 Wash. App. 926 · Court of Appeals of Washington · Mar 9, 2010

A party can overcome this presumption in certain circumstances, such as when the *939 amendment is clearly curative. 8 Densley v. Dep’t of Ret. Sys., 162 Wn.2d 210, 223 , 173 P.3d 885 (2007). … Tingey, 159 Wn.2d at 658 . ¶28 The tariffs and tax law Sprint cites do not establish that “local” and “toll” have a technical meaning within the telecommunications field.

Fyodor And Pelageya Klimovich, App. v. Wa. St. Dshs, Res.

Court of Appeals of Washington · Aug 11, 2014

The hearing evidence clearly established that the Kozorezovs moved the Appellants to a different home and address, and intentionally failed to notify the Department of the change. … -12- 69938-5-1/13 In upholding the terminations, the review judge noted that the hearing evidence clearly established that both Ivan and Larisa intentionally failed