Case law

Rothman v. North American Life & Casualty Co.

7 Wash. App. 453 · Court of Appeals of Washington · Aug 2, 1972

. *456 In the trial of a case, any circumstance is admissible which reasonably tends to establish the theory of the party offering it, or to explain, qualify, or disprove the testimony of his adversary. Robertson v. … Depriving the jury of the evidentiary value of the check so they may evaluate its weight along with all the other evidence was clearly erroneous. Judgment reversed and remanded for new trial.

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).

Kim Mikkelsen v. Public Utility District 1 of Kittitas County

195 Wash. App. 922 · Court of Appeals of Washington · Sep 13, 2016

Ward claims individual immunity from certain of Ms. Mikkelsen's claims under RCW 54.12.110, and that he cannot be liable for the asserted breach of a PUD contract. … It described a complainant's initial burden of establishing a prima facie case of racial discrimination as showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job

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).

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.

Crippen v. City of Bellevue

61 Wash. App. 251 · Court of Appeals of Washington · May 13, 1991

Bellevue created its own civil service commission in conformity with RCW 41.08.010. 3.72.010 Established. … I had clearly qualified on those bases so for whatever reason, which would only be conjecture, they failed to follow through on the normal appointment. So I couldn't tell you what their specific motive was.

DeLisle v. FMC Corporation

57 Wash. App. 79 · Court of Appeals of Washington · Feb 26, 1990

We find absolutely no basis for deviating from established summary judgment rules in employment discrimination cases. … The alleged discrimination is in selecting Watkins over deLisle when, "but for" his age, deLisle was the better qualified candidate.

Maria Barnes, V. Sea Mar Community Health Centers, Et Ano.

Court of Appeals of Washington · Jan 8, 2024

It requires that class counsel be “qualified, experienced, and generally able to conduct the litigation.” Marquardt v. Fein, 25 Wn. App. 651, 656-57, 612 P.2d 378 (1980) (citing Eisen v. … Sea Mar notified HHS of the litigation and sought certification of immunity under the PHSA and FSHCAA. Barnes, 2022 WL 1541927 at *1.

State v. Harris

97 Wash. App. 647 · Court of Appeals of Washington · Oct 4, 1999

The tests established intelligence in the normal range, with reading and math skills at the fourth or fifth grade level. … He clearly understood them. If not, he would not have followed them. He also obtained employment and reported to his CCO when he lost his job, both conditions of his supervision.

Phillip Edward Sifferman, V. Chelan County

Court of Appeals of Washington · Sep 28, 2021

We agree with DOR that the taxpayers have not satisfied their 18 No. 54514-4-II burden of proving the correct amount of tax that they owe under RCW 82.32.180 to qualify … Because the statute is unambiguous and because tax exemptions must be clearly expressed, we conclude that § 5108 does not apply to the allotted lands in this case.

Owens v. Harrison

86 P.3d 1266 · Court of Appeals of Washington · Apr 5, 2004

In Falkner, we clearly held that a criminal malpractice plaintiff must demonstrate innocence [9] on a public policy basis entirely unrelated to collateral estoppel. … Because Owens fails to allege or establish his innocence, the trial court properly granted summary judgment. II.

Martin v. Goodyear Tire & Rubber Co.

61 P.3d 1196 · Court of Appeals of Washington · Jan 6, 2003

Under these circumstances, Oregon's intention to protect local 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.

DaVita, Inc. v. Department of Health

137 Wash. App. 174 · Court of Appeals of Washington · Feb 6, 2007

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). … 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.”

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

Court of Appeals of Washington · Feb 17, 2026

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). … CONCLUSION DNR’s DNS was not clearly erroneous.

Pitzer v. Union Bank of California

93 Wash. App. 421 · Court of Appeals of Washington · Dec 31, 1998

Although former RCW 11.04.080 is clearly unconstitutional today, we must determine whether claimants could have established their rights as pretermitted heirs at the time of Frank's death. … Under the majority's analysis, these possible heirs included individuals who could not qualify as statutory heirs.

State v. Gaines

90 P.3d 1095 · Court of Appeals of Washington · May 24, 2004

Clearly, this new legislative approach has Michael Gaines' situation in mind. … Any resulting conflict, though indeed political by its very nature, is not thereby immune from judicial review.

State v. Gaines

121 Wash. App. 687 · Court of Appeals of Washington · May 24, 2004

Clearly, this new legislative approach has Michael Gaines’ situation in mind. … Any resulting conflict, though indeed political by its very nature, is not thereby immune from judicial review.

State v. Carothers

9 Wash. App. 691 · Court of Appeals of Washington · Sep 17, 1973

After being granted immunity by a special inquiry judge, Lalak testified that he and Carothers planned to burglarize a house. … The robbery verdict thus had the effect of a special interrogatory which established unanimity as to felony murder.

Gerrard v. Craig

67 Wash. App. 394 · Court of Appeals of Washington · Sep 8, 1992

The mere possibility that subsequent determinations might actually establish, or hypothetically have established, that they were only severally liable does not defeat that right. … In cases of clearly established double fault, there should be no practical difficulty, under RCW 4.22.070, with the requirement that the trier of fact apportion fault, in cases where the claimant is without fault and where

Dean v. Group Health Cooperative of Puget Sound

62 Wash. App. 829 · Court of Appeals of Washington · Sep 16, 1991

Appellant has also failed to establish error in the court's ruling on juror bias and misconduct. … A direct pecuniary interest can be established if the juror is paying his or her own premiums.