Case law

Carlyle v. Safeway Stores, Inc.

78 Wash. App. 272 · Court of Appeals of Washington · Jun 27, 1995

Carlyle’s interpretation, all complaints arising out of slip and fall accidents in self-service establishments would be immune from summary judgment. … That is clearly contrary to the narrow interpretation adopted by the Supreme Court in Pimentel, Wiltse and Ingersoll.

State v. Edmondson

43 Wash. App. 443 · Court of Appeals of Washington · Apr 14, 1986

Third, corroborating circumstances clearly indicate the trustworthiness of the statements. Briefly, the record shows overwhelming evidence that Manthie killed Edmondson. … Ct. 1930 (1970) (reliability of absent declarant's testimony was established by cross examination at preliminary hearing); Ohio v.

State of Washington v. Paul Desmond Browne

Court of Appeals of Washington · Jun 12, 2014

Browne did not have the prescribing doctor available as a witness to establish that Mr. DeHart- Browne was a qualifying patient. Mr. … Here, there clearly was no due process violation in destroying, by court order, the marijuana plants. The fact that Mr.

State v. Mullins

116 P.3d 441 · Court of Appeals of Washington · Jul 26, 2005

The use of the term "is" clearly indicates that the person must be presently responsible for those duties. … And Bauman's testimony that it was his intent for Mullins to physically assist him if his eyesight failed was insufficient to establish such a designation.

Adamski v. Tacoma General Hospital

20 Wash. App. 98 · Court of Appeals of Washington · May 16, 1978

It appears that this evidence is sufficient to establish, prima facie, that defendant West was an agent of defendant hospital. … Hosp., 211 N.Y. 125 , 105 N.E. 92 (1914), New York adhered to the doctrine of "charitable immunity" for hospitals.

Hansel v. Ford Motor Co.

3 Wash. App. 151 · Court of Appeals of Washington · Aug 3, 1970

The statute is clearly concerned *156 with the driver of a motor vehicle, whether he be the owner or just an operator. Appellants were unable to cite any authority directly in point. … But none of the cases go so far as to require that malpractice be established exclusively by the testimony of doctors.

Home Depot USA, Inc. v. Department of Revenue

151 Wash. App. 909 · Court of Appeals of Washington · Aug 25, 2009

Home Depot contracted with a financing company to establish the private label credit card. … If it is a tax preference, we must read any statute establishing the preference no more broadly then necessary to fulfill its legislative purpose.

AUDIT & ADJUSTMENT CO. v. Earl

267 P.3d 441 · Court of Appeals of Washington · Nov 29, 2011

The Department of Health is responsible for establishing uniform definitions and procedures for charity care policies. … Earl qualified *443 for relief under the `sliding fee scale.'"

State v. Contreras

57 Wash. App. 471 · Court of Appeals of Washington · Apr 9, 1990

Under those circumstances, the reference to defendant's failure to call witnesses was clearly improper. Similarly, State v. Fowler 3 is distinguishable. … Contreras relies on ER 602, 11 which establishes a foundation requirement.

State v. Mullins

128 Wash. App. 633 · Court of Appeals of Washington · Jul 26, 2005

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. ¶12 In order … The use of the term “is” clearly indicates that the person must be presently responsible for those duties.

Engineers Nw, Theodore Mcdonald, V The Pointe At Westport Harbor

Court of Appeals of Washington · May 3, 2016

The HOA sought to establish that the building presented such safety risks, then to show that ENW’s designs were to blame for them. … That pattern instruction, however, consists of qualifying language regarding the jury’s consideration of a summary of claims rather than the summary itself.

State v. Graham

59 Wash. App. 418 · Court of Appeals of Washington · Oct 15, 1990

I would ask—the question is clearly improper. … It calls for speculation on the part of the witness to [word omitted from record] something that is clearly beyond his personal knowledge. the court: Sustained as to the form of the question. Q.

City of Seattle v. Parker

2 Wash. App. 331 · Court of Appeals of Washington · Apr 13, 1970

dissenting opinion in Shelton notes that the statute there under consideration provided that a public record was to be kept of all liquor licenses, and “the question of whether a particular person has or has not a license is clearly … For example, the official records could establish the fact. We agree. Neither precedent nor the temper of the times warrants our abandoning the reasoning in Shelton.

Tesoro Refining & Marketing Co. v. Department of Revenue

159 Wash. App. 104 · Court of Appeals of Washington · Dec 21, 2010

] fuel.” *109 Bunker fuel is a qualifying fuel. … The amendment added language to the statute clearly limiting its applicability to wholesalers and retailers of qualifying fuel. RCW 82.04.433.

Francisco Guillen v. Benjamin Pearson

195 Wash. App. 464 · Court of Appeals of Washington · Aug 16, 2016

If there is a comma before the qualifying phrase, the last antecedent rule does not apply and the qualifying phrase modifies all the antecedent terms. Id. … Instead, the court stated that Keystone, being a licensed contractor in control of a project, clearly met the definition of construction agent.

Audit & Adjustment Co. v. Earl

165 Wash. App. 497 · Court of Appeals of Washington · Nov 29, 2011

The Department of Health is responsible for establishing uniform definitions and procedures for charity care policies. … on the date of the sale or exchange, such property has been owned and used by the taxpayer as the taxpayer’s principal residence for periods aggregating 2 years or more. ¶15 Earl argues, however, that the district court clearly

Ford v. Bellingham-Whatcom County District Board of Health

16 Wash. App. 709 · Court of Appeals of Washington · Jan 10, 1977

Do the property owners have a vested right to obtain septic tank permits if they qualified for them either under regulations existing at the time the plat of the real estate subdivision, in which their property was located … The findings were of ultimate facts, concerned all of the material issues, and the questions decided and the manner in which they were decided clearly appear.

HomeStreet, Inc. v. STATE, DEPT. OF REVENUE

162 P.3d 458 · Court of Appeals of Washington · Jul 24, 2007

established that the income in question was withheld from and related to the borrower's interest payments. … And, in servicing retained sales, HomeStreet retains only the right to provide loan servicing for the purchaser of the loan and to be compensated for those services. [21] Although HomeStreet has clearly established that servicing

State v. Hutton

7 Wash. App. 726 · Court of Appeals of Washington · Nov 2, 1972

Clearly, in this case, Dr. Bremner, although qualified, was not asked to express any opinion as *730 to the identity of the substance. Such failure invites a motion to strike. State v. … The fact that someone had told her the substance was speed does not in any manner qualify her to testify that it was speed.

State Of Washington v. Thomas Joseph Feely

192 Wash. App. 751 · Court of Appeals of Washington · Feb 22, 2016

Certainly he was endangering Trooper Lipton, and perhaps during a part of that, he was endangering Officer Pike, because Officer Pike was behind *760 Lipton and suddenly found a tire coming his way, but those would, not qualify … But Feely does not establish he is entitled to relief on appeal.