Case law

Parris v. Johnson

3 Wash. App. 853 · Court of Appeals of Washington · Dec 18, 1970

No challenge was made to the experiential qualification of the state trooper and the record clearly indicates that the trial court did not abuse its discretion in determining that he was a qualified expert. … Medical testimony is necessary when the question of injury or its extent and duration requires a special skill or knowledge to establish that it actually exists.

State v. Cox

3 Wash. App. 700 · Court of Appeals of Washington · Nov 30, 1970

If the statute can violate the freedom of speech and press, then it is invalid. *710 This it clearly does. … By dictionary definition and by common understanding, the material is clearly pornographic.

Robert E. Thomas Trust, V. Johns Real Estate Corp

Court of Appeals of Washington · Jan 3, 2022

The trial court concluded that the Association qualified for the third party liability exemption. … Although MTCA does not contain this precise statutory language, it does state that, to qualify as an innocent purchaser, “an owner, past owner, or purchaser of a facility” must establish, in part, that “at the time the facility

State v. N.B.

127 Wash. App. 776 · Court of Appeals of Washington · May 31, 2005

. ¶12 Finally, N.B. contends that the disposition of 126-156 weeks was “clearly excessive” because the evidence established only that he needed two years of treatment. … At N.B.’s request, the court entered an order granting him use immunity for statements made during the predispositional evaluation. See State v. Decker, 68 Wn. App. 246 , 842 P.2d 500 (1992).

In Re the Marriage of Hilt

41 Wash. App. 434 · Court of Appeals of Washington · Aug 8, 1985

He argues that the evidence presented clearly established the source of contributions for all the payments on the 10 acres. … Clearly, the nature and purpose of the new Brown rule is to erase the inequity of characterizing one spouse's personal injury claim completely as community property.

Jamison v. Department of Labor & Industries

65 Wash. App. 125 · Court of Appeals of Washington · Apr 17, 1992

The evidence in this case clearly supports the contrary conclusion. … And such employees shall be duly qualified and licensed to drive and over the age of 25 years. Tacoma Yellow Cab, at 123.

Harlan D. Douglass, et ux v. Shamrock Paving, Inc.

196 Wash. App. 849 · Court of Appeals of Washington · Nov 29, 2016

Once a party establishes a right of recovery, the damage amount turns on equitable factors to be determined by the trial court. RCW 70.105D.080. … equitable issues on remand is the extent to which the Douglasses' actions qualify as remedial. See Seattle City Light, 98 Wn. App. at 175.

Babcock v. Mason County Fire District No. 6

101 Wash. App. 677 · Court of Appeals of Washington · Aug 4, 2000

Public Duty Doctrine RCW 4.96.010, which abolished sovereign immunity, is qualified by the public duty doctrine. Smith v. State, 59 Wn. App. 808, 812 , 802 P.2d 133 (1990). … Rather, the statement was clearly made to advance a primary public duty of the District — to protect human life. RCW 52.02.020; Uniform Fire Code § 104.1 (1997).

City of Mount Vernon v. Cochran

70 Wash. App. 517 · Court of Appeals of Washington · Jul 6, 1993

He's certainly an expert, I will have no trouble laying a foundation at trial that he is qualified to testify about this breath machine. … The State must establish that the machine was in proper working order, that if chemicals were used in the testing they were correct and properly used, that the operator was qualified and performed the test correctly, and

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.

State v. Schmeck

98 Wash. App. 647 · Court of Appeals of Washington · Dec 28, 1999

Felony violation of a no-contact order, RCW 10.99.050, is an unranked crime without an established sentence range. … Clearly the numerous police reports of threats and other violations of the protection order support the court’s finding that Mr.

State v. Davis

53 Wash. App. 306 · Court of Appeals of Washington · Jan 23, 1989

Under appellant's reasoning, there would never be multiple victims because if one qualified as a victim, then the injury would, by that definition, be the basis for a charge. … Under the circumstances established here, future dangerousness is an acceptable rationale for enhancing appellant's sentence. See George, at 148.

Stoops v. Department of Retirement Systems

91 Wash. App. 898 · Court of Appeals of Washington · Mar 30, 1998

A statute is not ambiguous unless it is susceptible to *905 more than one meaning. 5 Stoops claims there are “uncontradicted” facts which establish that he meets the requirements of former RCW 41.26.030(3), “law enforcement … The security officers in Yakima County Deputy Sheriff’s Association, despite some overlapping of skills, were not qualified to perform all of the duties of a deputy sheriff and did not qualify as “uniformed personnel” for

Cammack v. City of Port Angeles

15 Wash. App. 188 · Court of Appeals of Washington · Mar 26, 1976

Plaintiff was not a qualified real estate appraiser. Plaintiff’s expert, who was a qualified appraiser, expressed his opinion on the market value benefits most reluctantly. … Expert evidence is clearly required to establish whether or not property is especially benefited by an improvement and the extent of the benefit.

Center For Sustainable Economy, Resps V. Wa State Dept Of Natural Resources, Apps

Court of Appeals of Washington · Apr 13, 2026

in establishing a sustainable harvest level. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought. RCW 4.84.350(1).

McCormick v. Dunn & Black, PS

167 P.3d 610 · Court of Appeals of Washington · Sep 18, 2007

Each Director shall hold office until his death, resignation, retirement, removal, disqualification or his successor is elected and qualifies. … Directors shall be shareholders of this Corporation and legally qualified to render services as lawyers in the State of Washington. 1 CP at 103.

Sturgis Co. v. H. D. Baker Co.

11 Wash. App. 597 · Court of Appeals of Washington · Jul 10, 1974

All three were clearly admissible to show that (1) complaints were received from state agencies by Baker, (2) complaints were communicated *601 from Baker to Sturgis and General Fireproofing, and (3) replacement parts were … It is well established that the trial court has discretion as to whether or not to admit opinion evidence. Church v. West, 75 Wn.2d 502, 508 , 452 P.2d 265 (1969).

Halleran v. Nu West, Inc.

98 P.3d 52 · Court of Appeals of Washington · Sep 15, 2004

Nu West arranged short term loans at interest rates of 12 to 20 percent to property owners and developers who did not qualify for bank loans and acted as the escrow agent for the loans. … The plaintiffs have the burden to establish all four elements of the failure to enforce exception. Id.

Christopher E. Larson, Et Ano., V. Snohomish County

Court of Appeals of Washington · Dec 6, 2021

An expired title insurance commitment clearly cannot meet the purpose of an abstract of title under RCW 65.12.085. … This case law does not implicate the privileges and immunities provision of the state constitution.

DaVita, Inc. v. WASH. STATE DOH.

151 P.3d 1095 · Court of Appeals of Washington · Feb 6, 2007

And an "[o]rder" is a "written statement . . . that finally determines the legal rights, duties, privileges, immunities, or other legal interests of a specific person or persons." … The administrative code requires the "applicant to establish that the application meets all applicable criteria." WAC 246-10-606.