Case law

Martin v. Humbert Construction, Inc.

114 Wash. App. 823 · Court of Appeals of Washington · Jan 6, 2003

Under these circumstances, Oregon’s intention to protect local *835 businesses and manufacturers is not furthered by applying Oregon law to immunize Goodyear from liability. … In those cases, the plaintiff established a relationship with the defective product in the home state.

State v. Komoto

40 Wash. App. 200 · Court of Appeals of Washington · Apr 8, 1985

Washington cases clearly and consistently hold that a conviction cannot be sustained on a confession alone; *206 some corroborative evidence establishing the corpus delicti is necessary to convict when a confession is part … Though it is not yet clear exactly what circumstances qualify as "exigent circumstances," several broad categories have been established by appellate courts, including: (1) hot pursuit; (2) fleeing suspect; (3) danger to

Doe v. Gonzaga University

99 Wash. App. 338 · Court of Appeals of Washington · Jan 31, 2000

The ultimate purpose of the qualified privilege is to protect school children. … Negligence Gonzaga asserts it is immune from liability for negligent reporting about John Doe, pursuant to RCW 4.24.510.

Ford v. COUNTY DIST. BD. 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.

Colwell v. Holy Family Hosp.

15 P.3d 210 · Court of Appeals of Washington · Mar 1, 2001

Co., 910 F.2d 1284 (5th Cir.1990) (clinical psychologist not qualified to testify on alleged link between employee's job related stress and worsening of heart condition); Freemon v. … Based on the record, a continuance was never clearly requested; therefore, the trial court could not err.

In Re The Detention Of: Jack Leck Ii

Court of Appeals of Washington · Sep 4, 2013

Leek further argues that retroactive application of the law as amended in 2009, which clearly gave the State authority to file a petition in situations like Leek's,would deny him due process. … When the State filed its SVP petitions against Leek in 2007 and 2008, however, the definition of "sexually violent predator" already included "personality disorder" as an alternative precondition to establishing a person's

State v. Tinkham

74 Wash. App. 102 · Court of Appeals of Washington · May 2, 1994

The court made a tentative ruling that the health officer was qualified to perform the examination and render an opinion as to Tinkham’s amenability to treatment. … Smith, 451 U.S. at 470 (defendant’s Sixth Amendment right to counsel clearly attached when psychiatrist examined him at jail, and their interview proved to be "critical stage”).

Erdman v. Chapel Hill Presbyterian Church

156 Wash. App. 827 · Court of Appeals of Washington · Jun 29, 2010

Claimants must demonstrate the existence of a clearly mandated public policy as part of establishing a wrongful discharge claim. Hubbard v. Spokane County, 146 Wn.2d 699, 707 , 50 P.3d 602 (2002). … Spokane County, 146 Wn.2d 699, 707 , 50 P.3d 602 (2002) (claimant must demonstrate the existence of a clearly mandated public policy).

Anderson v. Weslo, Inc.

79 Wash. App. 829 · Court of Appeals of Washington · Nov 28, 1995

Clearly, the Iszlers did know of the condition since they bought the trampoline. … The third element, therefore, has clearly not been established. *836 For these reasons, the Iszlers did not, as a matter of law, breach the duty they owed Anderson as a licensee.

OLYMPIC TUG & BARGE v. Dept. of Revenue

259 P.3d 338 · Court of Appeals of Washington · Aug 29, 2011

Collateral estoppel is inappropriate to prevent the current litigation and Olympic fails to show that the Board's decision was clearly erroneous on these grounds. … But, the burden is on the party asserting the deduction to show that it qualifies for the deduction.

Hector Martinez & Jolayne Houtz, V. Washington State University

Court of Appeals of Washington · Jan 21, 2025

Further, the court explained that the Lystedt law gave volunteer health care providers a “limited immunity,” which “recognizes the need for protection against liability, but simultaneously recognizes that the immunity should … See Volk, 187 Wn.2d at 254, 256. 37 No. 83853-9-I/38 No Washington court has clearly defined the boundaries of what amounts to a definite, established, and continuing

Kerr-Belmark Construction Co. v. City Council of Marysville

36 Wash. App. 370 · Court of Appeals of Washington · Jan 9, 1984

In 1977, the City of Marysville established a Sewer Utility Service Area for utility extensions to properties located outside the city limits. … Marysville erred in excluding Kerr-Belmark's property while including less qualified property.

State v. Simon

64 Wash. App. 948 · Court of Appeals of Washington · Dec 23, 1991

Thus, Simon clearly *959 suffered no prejudice by the amendment of the information the day before trial. … On appeal, the court held that the State failed to establish the elements of kidnapping beyond a reasonable doubt. Green, 94 Wn.2d at 230 .

Magdaleno Gamboa, et ux v. John M. Clark, et ux

Court of Appeals of Washington · Mar 25, 2014

No Washington decision has ever examined the scope ofunobjected-to use that is "otherwise explained" and therefore immune from the shifting presumption. … But the qualifier is reasonably read as contemplating exceptions like the exception for vacant land that was relevant in Northwest Cities.

Fischnaller v. Thurston County

21 Wash. App. 280 · Court of Appeals of Washington · Sep 8, 1978

Another analogy may be found in the right of the Secretary of State to refuse to accept articles of incorporation where the proposed name clearly conflicts with a name already being used by an existing corporation where that … As such, their responsibilities can, in a large part, be discharged by following established laws and procedures.

Suzanne L. Weinstock v. Alamo Rental (us), Inc.

Court of Appeals of Washington · Apr 22, 2013

—Washington's anti-SLAPP (strategic lawsuits against putsfip -.v> participation) statute, RCW 4.24.510, grants qualified immunity … The court specifically found that the hourly rates submitted for the various people involved in the defense of this suit were "clearly below [the] market rate" and thus did not merit further discussion.

Eric Long, V. Scott Alan Capestany

Court of Appeals of Washington · Aug 1, 2022

Indeed, nothing in the plain language of RCW 4.24.510 suggests that the privilege is so qualified. Long next contends that Capestany lost the privilege because his statements were false and malicious. … Capestany prevailed on the defense of immunity, so he is entitled to fees and statutory damages.

Bonny M. Bolson v. Hayden G. Williams

Court of Appeals of Washington · May 27, 2014

It encompasses the study of "immune pathologies associated with exposure of humans and wildlife species, including allergy, immune dysregulation, autoimmunity, and chronic inflammation." … A causal link is clearly required. Furthermore, Bolson fails to meet the high bar for establishing extreme and outrageous conduct.

William Dickson Co. v. Puget Sound Air Pollution Control Agency

81 Wash. App. 403 · Court of Appeals of Washington · Apr 19, 1996

"By explicitly requiring [the agency] to adopt separate standards for air quality and emissions, the Legislature clearly intended to give [it] the power to regulate emissions that do not by themselves constitute air pollution … Also, the Company’s failure to appoint a qualified asbestos worker to the demolition site is evidence supporting causation.

Erdman v. CHAPEL HILL PRESBYTERIAN CHURCH

234 P.3d 299 · Court of Appeals of Washington · Jul 28, 2010

Claimants must demonstrate the existence of a clearly mandated public policy as part of establishing a wrongful discharge claim. Hubbard v. Spokane County, 146 Wash.2d 699, 707 , 50 P.3d 602 (2002). … Spokane County, 146 Wash.2d 699, 707 , 50 P.3d 602 (2002) (claimant must demonstrate the existence of a clearly mandated public policy).