Case law

Riley-Hordyk v. Bethel School District

187 Wash. App. 748 · Court of Appeals of Washington · May 19, 2015

Uncontroverted testimony at the hearing established that Riley-Hordyk was endorsed to teach only one subject — Spanish—and that no open teaching positions existed for which she qualified. ¶32 Because no Spanish teaching positions … Riley-Hordyk also cites to RCW 28A.405.230, which establishes the process for transfer of an administrator to a subordinate certificated position.

Xenith Group v. Dept. of Labor and Indus.

269 P.3d 414 · Court of Appeals of Washington · Feb 13, 2012

All Xenith providers signed paperwork that clearly stated they were independent contractors, not employees. ¶ 5 The IAJ recommended reversing the assessment. … It also determined Xenith failed to establish several of the six elements of the test for excluding coverage for certain independent contractors.

Gary Merlino Construction Co. v. City of Seattle

167 Wash. App. 609 · Court of Appeals of Washington · Apr 9, 2012

To the extent that the Seattle Police Guild established a pay rate floor for off-duty work, it has no bearing here. … immunity.

Robinson v. Employment Security Department

84 Wash. App. 774 · Court of Appeals of Washington · Dec 23, 1996

We reverse because Robinson has established that she quit for good cause after exhausting all reasonable alternatives. … This finding is not clearly erroneous. The fact that the DFI had not issued a cease and desist order when Robinson quit, however, is not material.

State v. Clapp

67 Wash. App. 263 · Court of Appeals of Washington · Aug 26, 1992

Commentators have noted that a duplicate may qualify as an original, but a written transcript does not qualify as a duplicate of an electronic recording. See 5B K Tegland, Wash. Prac., Evidence § 482 (3d ed. 1989). … In addition, "[c]rimes against different victims clearly seem to satisfy Johnson's 'independent purpose or effect' test." State v. Hudlow, 36 Wn. App. 630, 633 , 676 P.2d 553 (1984).

Van Hoven v. Pre-Employee.com, Inc.

156 Wash. App. 879 · Court of Appeals of Washington · Jul 13, 2010

CR 56(c). ¶14 In order to prove a claim for defamation, four elements must be established: (1) falsity, (2) an unprivileged communication, (3) fault, and (4) damages. Mark v. … Van Hoven fails to establish damages. ¶17 Mr. Van Hoven also asserts that Ms.

Shinn v. Thrust IV, Inc.

56 Wash. App. 827 · Court of Appeals of Washington · Feb 12, 1990

The court found that Thrust's breaches caused substantial delay and cost increases "documented in the various cost breakdowns submitted as exhibits", and that the evidence established "with reasonable certainty" a "diminution … A party qualifies as a "seller" under the act if his or her acts were a substantial contributive factor in the sales transaction. Haberman, at 130.

State v. Finnegan

6 Wash. App. 612 · Court of Appeals of Washington · Mar 29, 1972

established Duncan’s competency. … Rev. 228 (1964), the prosecutor’s constitutional duty to reveal evidence material to either the guilt or punishment of a defendant was firmly established; however, no formula for the implementation of this duty was established

Rafn Co. v. Department of Labor & Industries

104 Wash. App. 947 · Court of Appeals of Washington · Feb 15, 2001

In effect, the fifth proviso of RCW 51.16.060 codifies Lunday and clearly defines when a hiring company’s liability will accrue. Wash. Const, art. … Spokane Culvert & Fabricating Co., 91 Wn.2d 550 , 588 P.2d 1174 (1979) (holding employer utilizing temporary worker not necessarily immune from tort liability).

Concerned Friends Of Ferry County & Futurewise v. Ferry County

191 Wash. App. 803 · Court of Appeals of Washington · Dec 15, 2015

Ordinance No. 2013-05, in turn, establishes the detailed process for the identification and designation of ARL. … Parcels consisting of “Class IV” soils, including soils that qualify as Class III only if irrigated, qualify for two points if the parcels have irrigation.

Michael Michelbrink, Jr. v. Washington State Patrol

Court of Appeals of Washington · Apr 23, 2014

Unlike Tegard' s declaration, however, we do not interpret WSP' s training materials as establishing certain injury for purposes of defeating summary judgment here. 15 Last year the Montana Supreme court addressed a somewhat … On the contrary, RCW 51. 24. 020 expressly and clearly provides, " If injury results to a worker from the deliberate intention of his or her employer to produce such injury, the worker . . 18

Russell Carter, V. Multicare Health System

Court of Appeals of Washington · Jul 30, 2024

The 10 No. 58608-8-II Carters specifically alleged that in making the February 2020 report to law enforcement, Woods was not qualified to diagnose mental illness, she … Because immunity was the relevant basis for the trial court’s dismissal in Carter I, here we must assess whether resolution of the immunity defense in Carter I also resolves the application of the immunity defense in Carter

Peters v. Vinatieri

102 Wash. App. 641 · Court of Appeals of Washington · Sep 22, 2000

The road on which the agents drove is “clearly a private road and it is maintained entirely by myself.” … Because we conclude that no Fourth Amendment violation occurred, we need not consider defendant Vinatieri’s qualified immunity defense. See Benjamin v.

Miles v. CHILD PROTECTIVE SERVICES DEPT.

6 P.3d 112 · Court of Appeals of Washington · Aug 18, 2000

A plaintiff may not sue under 42 U.S.C. § 1983 unless the defendant's conduct violated a clearly established constitutional right. [34] A plaintiff bears the burden of identifying *121 and showing such a right. [35] The Miles … Feldman and Children's were not immune, the plaintiffs would *122 be unable to establish causation.

Icicle/Bunk, LLC v. Chelan County

Court of Appeals of Washington · Oct 17, 2023

Icicle appeals, arguing that its use of the property as two short-term rentals clearly qualifies as an existing nonconforming use under the Chelan County Code. … DENIAL OF PERMIT Icicle argues that the hearing examiner erred in denying its permit because, under Chelan County’s Short-Term Rental Code, its use of the property for two short-term rentals clearly qualifies as

Skycorp, Ltd., V. King County

Court of Appeals of Washington · Feb 13, 2024

Finally, the County argues that SkyCorp has failed to demonstrate that KCC 10.30.020 is a “‘clearly unreasonable, arbitrary or capricious’” exercise of King County’s police power. … ’ for granting the privilege or immunity.”

Marci Peterhans, V. University Of Washington, Et Ano

Court of Appeals of Washington · Jun 30, 2025

[T]he demonstration of slight care is all that is required to maintain that immunity [under the ITA]. … This suicide attempt was clearly foreseeable under the circumstances and clearly preventable by not discharging him at that time.

Seventh Elect Church in Israel v. Rogers

34 Wash. App. 96 · Court of Appeals of Washington · Feb 28, 1983

the statutory grant of immunity. … It is the court's function to determine whether silence is justified and must require the witness to answer if, based upon the particular facts of the case, it clearly appears that silence is not warranted.

State v. Franks

7 Wash. App. 594 · Court of Appeals of Washington · Sep 25, 1972

The qualifications and authorization for appointment of judges pro tempore of district justice courts are established by statute. … Clearly, defendant was lawfully arrested after incriminating evidence had been found in the lawful search of the trailer because there was, at that point, probable cause to arrest the person known to be in dominion and control

State v. Ortega

84 P.3d 935 · Court of Appeals of Washington · Feb 17, 2004

However, further finding that the victim's age had not been established beyond a reasonable doubt by the Texas jury, the court ruled that the decision in Apprendi v. … Consequently, the court found that the Texas crime as charged was not clearly comparable to first degree child molestation, and did not count it as a first strike for the purposes of POAA.