Case law

Nancy James, Et Ano. V. State Of Washington, Et Ano.

Court of Appeals of Washington · Feb 10, 2025

DSHS claimed Lakeru’s lawsuit was barred by sovereign immunity and/or qualified immunity and the public duty doctrine. … Mere identity of similar evidence is not enough to establish identical issues for purposes of issue preclusion. Est. of Sly v. Linville, 75 Wn. App. 431, 437, 878 P.2d 1241 (1994).

Vehicle/Vessel, L.L.C. v. Whitman County

122 Wash. App. 770 · Court of Appeals of Washington · Aug 3, 2004

who is qualified and was chosen through the open competitive process. … Clearly Mr. Antoni knew the procedures for appointment of a successor subagent. His letter of intent refers to the DOL’s guidelines and contract assignment *771 terms. Mr.

Barker v. Advanced Silicon Materials, LLC

131 Wash. App. 616 · Court of Appeals of Washington · Feb 14, 2006

Champion was clearly the stronger management candidate. Even if a trier of fact were to find that Ms. … Barker “failed to establish by a preponderance of the evidence that ASIMI’s decision to terminate her employment was moti *629 vated in any respect by retaliation for her lawsuit.”

Klineburger v. King County

189 Wash. App. 153 · Court of Appeals of Washington · Aug 3, 2015

The county hearing examiner affirmed the order, concluding that the County did not have the authority to disturb Ecology’s determination that the Klineburgers’ property did not qualify for an exception to state regulations … DPER informed them that they could not build in the floodway unless they could establish that their site qualified as an exception to the floodplain management regulations.

Eidson v. Department of Licensing

108 Wash. App. 712 · Court of Appeals of Washington · Oct 15, 2001

That was clearly stated in the Statement of Charges. The fact that he failed to support the $5,000 adjustment is a fact relating to the issue, not an issue to be litigated. … taken as established, supports the conclusion that Eidson did not exercise reasonable diligence, as discussed below.

Falkner v. Foshaug

108 Wash. App. 113 · Court of Appeals of Washington · Aug 27, 2001

Clearly, there is no showing of exoneration that has been made. … In Krahn , the attorney failed to convey a plea offer, and in Gebhardt , an offer of immunity. Several commentators have also criticized the innocence requirement as unnecessary and unfair. See, e.g., Susan M.

Boutillier v. LIBBY, McNEILL & LIBBY

42 Wash. App. 699 · Court of Appeals of Washington · Jan 28, 1986

We disagree. *710 [3] The 70-formula benefits clearly fall within ERISA. … and the reasons for termination were clearly outside their own control.

Falkner v. Foshaug

29 P.3d 771 · Court of Appeals of Washington · Aug 27, 2001

Clearly, there is no showing of exoneration that has been made. … In Krahn , the attorney failed to convey a plea offer, and in Gebhardt , an offer of immunity. Several commentators have also criticized the innocence requirement as unnecessary and unfair. See, e.g., Susan M.

Schlotfeldt v. Benton County

172 Wash. App. 888 · Court of Appeals of Washington · Jan 22, 2013

Accordingly, they fail to establish the Board’s decision was a clearly erroneous application of the law to the facts. 111 Second, the Schlotfeldts contend no evidence justifies a length of stay limitation. … Concern over goals not being met was articulated by planning staff when they expressed concern over this development becoming a trailer park, a use for which the Schlotfeldts would not qualify based on the terms of their

Citoli v. City of Seattle

61 P.3d 1165 · Court of Appeals of Washington · Jan 21, 2003

Clearly, it is far sounder to defer to the other duly constituted branches of government in this regard. … Furthermore, Mayor Schell and Chief Stamper are entitled to qualified immunity unless Citoli (1) identifies the right violated, (2) shows that the officials should have known the constitutional parameters of the violation

Warner v. Regent Assisted Living

132 Wash. App. 126 · Court of Appeals of Washington · Mar 20, 2006

The VAS does not require expert testimony to establish “neglect,” “pain and suffering,” or resulting damages. … considered whether Man-tooth’s statement qualified as an excited utterance.

City of Ellensburg v. King Videocable Co.

80 Wash. App. 901 · Court of Appeals of Washington · Mar 19, 1996

. §§ 521-559 ) (1984 Cable Act), thereby establishing a national policy concerning cablel communications. The 1984 Cable Act retained the local,I state and federal regulatory system established by the! … Section 534(a) requires cable operators to carry the signals of local commercial television stations and qualified low power stations.

State v. TEC

92 P.3d 263 · Court of Appeals of Washington · May 24, 2004

conclusion that a disposition within the standard range would constitute a manifest injustice; and (3) the sentence is neither clearly too lenient nor clearly too excessive. … In this case, a qualified treatment program was unavailable. Thus, albeit through no fault of his own, T.C. clearly was unable to "make satisfactory progress in treatment" as required under RCW 13.40.160(3)(b)(ix).

State v. Adler

16 Wash. App. 459 · Court of Appeals of Washington · Nov 30, 1976

Washington has recognized that even though the right of privacy is enshrined as a constitutional doctrine, the dimensions of that right are not clearly defined. Eddy v. Moore, 5 Wn. … Eddy traced the evolution of the right of privacy *462 and noted that other jurisdictions recognize an “equitable right of privacy” 1 but stop short of establishing a constitutional right of privacy of an individual to be

Dillion Smelser, Derrick Smelser, V Jeanne Paul, Ronald Smelser

Court of Appeals of Washington · Apr 4, 2016

Appellants sought to exclude it because it was being offered only to establish fault on the part of the children. No fault was allocated to the children. … But, the jury clearly rejected that theory and found her negligent.

State v. Meade

129 Wash. App. 918 · Court of Appeals of Washington · Oct 11, 2005

Violation of the terms of his probation qualifies as an aggravating factor supporting a manifest injustice determination. See Rhodes, 92 Wn.2d at 761 . ¶11 4. … The Blakely Court showed no intention, as Meade suggests, to *926 overrule its well-established holding that the right to a jury-does not attach to the traditional juvenile justice system. See McKeiver v.

Sheila Larose, Appellant/cross-resp v. King County And Pda, Respondent/cross-appellants

437 P.3d 701 · Court of Appeals of Washington · Mar 19, 2019

In other words, employers generally are immunized from negligence liability. Carrera v. Olmstead, 189 Wn.2d 297, 303, 401 P.3d 304 (2017). … A mental condition caused by long-term harassment may not qualify as an industrial injury.

Blake v. Federal Way Cycle Center

40 Wash. App. 302 · Court of Appeals of Washington · May 13, 1985

The events occurring after this lawsuit commenced, such as the "foul-up" involved in the delivery of the new cycle, also do not qualify as "unfair" acts. … The defendants' failure to establish a joint account is also clearly not an "unfair" act.

Kevin Hanefeld v. King County

Court of Appeals of Washington · Nov 19, 2018

Discretionary Immunity In Evangelical United Brethren Church of Adna v. … In order for a decision to qualify as discretionary, the State must show that the decision was the outcome of a conscious balancing of risks and advantages. Id. at 214-15. In Avellaneda v. State, 167 Wn.

Thomas P. Collins v. Juergens Chiropractic, Pllc

13 Wash. App. 2d 782 · Court of Appeals of Washington · Jul 8, 2020

Bragman’s testimony clearly established a genuine issue of fact regarding the standard of care and Dr. Juergens’s breach of that standard of care. Dr. … While the second step of this determination of materiality clearly does not require expert testimony, the first step almost as clearly does.