Case law

John Doe v. Puget Sound Blood Center

117 Wash. 2d 772 · Washington Supreme Court · Nov 14, 1991

PUD 1, 105 Wn.2d 99 , 713 P.2d 79 (1986) (parental immunity applies where injury results from negligent parental supervision of child). … The majority, rather, points out the inadequacy of the materials submitted to establish public policy. Majority, at 785-87. It does not preclude establishment of public policy by proper means.

Penwell v. Strange

District Court, W.D. Washington · Aug 11, 2022

Dkt. 47 at 11. 13 Fifth, Defendants argue that they are all are entitled to qualified immunity. … However, future discovery may show that 22 Defendants are entitled to qualified immunity.

Washington Utilities & Transportation Commission v. United Cartage, Inc.

28 Wash. App. 90 · Court of Appeals of Washington · Jan 5, 1981

Once the Commission establishes a commercial zone, the statute requires it to grant certain "grandfather rights" to common carriers already providing intercity service within the zone. … Finally, even if we reach the factual issue of the contiguity of Bellevue and Seattle under RCW 35.21.160, the Commission's decision was not clearly erroneous.

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.

Peffley-Warner v. Bowen

113 Wash. 2d 243 · Washington Supreme Court · Sep 14, 1989

The agency based its decision on the fact that a common-law marriage may not be established in Washington State and that appellant did not qualify as a "wife" under Washington probate law. … There seems to be no more adequate word or phrase which so clearly conveys the precise legal meaning intended since a "common-law marriage" may not be established in this state.

Cassidy v. United States

875 F. Supp. 1438 · District Court, E.D. Washington · Jan 27, 1994

A regulation requiring non-Indians to obtain a permit before fishing in the Reservation Zone is clearly action which could be taken by the Government. … Congress’ use of the phrase "paramount use” clearly indicates that non-exclusive use of the set-aside area was contemplated by Congress.

State v. Cunningham

23 Wash. App. 826 · Court of Appeals of Washington · Jul 26, 1979

State, supra, and established the general rule that transcripts may be admitted at trial or used as illustrative evidence, those cases are clearly distinguishable from the case at bench. … An accused's confession has a limited role in establishing the corpus delicti.

State v. Wilson

9 Wash. 16 · Washington Supreme Court · May 25, 1894

Many authorities could be cited to establish this doctrine, but we do not deem it necessary to set them out here for the reason that under the most restricted system of pleading required by any of the text writers this information … That witness Kelly used the expression, “that such was the fact according to his best impression, ’ ’ was not objectionable, for the reason that such expression was so qualified by his other testimony as to show clearly that

Union Station Associates, LLC v. Puget Sound Energy, Inc.

238 F. Supp. 2d 1218 · District Court, W.D. Washington · Nov 8, 2002

Union then in its opposition clearly states that it is not relying on the innocent owner defense. Opposition at 17. … Indeed, Union entered a consent decree with the Department of Ecology in order to limit its liability and partially immunize itself from future suit.

State v. McKinnon

88 Wash. 2d 75 · Washington Supreme Court · Jan 7, 1977

And it is now clearly established that a minor, whether a public school student or not, is a person under our Constitution and entitled to its protections. … The effect of the present decision is to combine that qualified immunity with a "minimal standard" of reasonableness and an abandonment of the right to suppress evidence.

Halvorson v. Skagit County

983 P.2d 643 · Washington Supreme Court · Sep 10, 1999

to cause such flooding under the common enemy doctrine; and (3) it was immune from liability under RCW 86.12.037. [12] The trial judge excluded the County's immunity defense and its prescriptive easement and common enemy … Moreover, if a hybrid of eminent domain and tort were recognized, this court would be required to recognize the County's statutory immunity under RCW 86.12.037. [13] Such immunity is inapplicable only when the alleged violation

Navarrete v. City of Kent

District Court, W.D. Washington · Oct 8, 2025

immunity if (1) the facts ‘[t]aken 2 in the light most favorable to the party asserting the injury’ show that ‘the [officers’] 3 conduct violated a constitutional right’ and (2) ‘the right was clearly established’ … See Chism, 661 F.3d at 393. 17 Nor does qualified immunity entitle him to summary judgment on 18 Navarrete’s Due Process claim.

Webb v. Neuroeducation Inc., PC

88 P.3d 417 · Court of Appeals of Washington · Apr 22, 2004

Webb used the term "believe" multiple times, to guess at things he clearly could not know. For example, Mr. Webb related he believed Ms. Ellis gave misinformation to Dr. … Chupurdia appropriately did not assert a statutory immunity defense.

State v. Martin

101 Wash. 2d 713 · Washington Supreme Court · Jun 7, 1984

The appellate court said Teeter was shown to be well qualified, and that it was apparent from viewing the videotape that Lesha was in a deep trance and related the details of her being sodomized "with great difficulty and … It is this tendency toward immunization from meaningful cross examination in particular that leads us to conclude that a person, once hypnotized, should be barred from testifying concerning information recalled while under

Bock v. State Board of Pilotage Commissioners

91 Wash. 2d 94 · Washington Supreme Court · Nov 22, 1978

Thus it qualifies under the test adopted in Kirkland as a final decision within the meaning of RCW 34.04.130. … The Board is required by RCW 88.16.030 to establish qualifications of pilots, administer competitive examinations and issue licenses so as to ensure efficient and competent pilotage.

In Re Estate of Fleming

21 P.3d 281 · Washington Supreme Court · Apr 12, 2001

Paternity was never established. Fleming decided to give up her son for adoption. … In fact, the Legislature indicated so in RCW 26.33.130(2), stating: "[a]n order terminating the parent-child relationship divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations

Dep't of Transp. v. Mullen Trucking 2005, Ltd.

Washington Supreme Court · Oct 31, 2019

True, RCW 46.44.020 does not use the word immunity—but it does not relieve the State of a duty of care either.^ Further, the exemption from liability created by RCW 46.44.020 is clearly analogous to immunity, not lack of … This suggests that the purpose of the original statute was to establish the driver's duty—not the State's. 10 StatQ of WA, Dep't of Transp. v.

State Ex Rel. Haas v. Pomeroy

50 Wash. 2d 23 · Washington Supreme Court · Mar 14, 1957

an over-all plan and system to better and extend the then-existing waterworks system and for the issuance and payment of revenue bonds to provide funds therefor; No. 65877, passed in 1935, by which water regulations were established … The issue is succinctly and fairly stated by the appellant in his brief: *25 “It is clearly the law and the trial court and all counsel agree that if the grant to make such an ordinance as No. 84392 is to the legislative

In re the Detention of Marshall

156 Wash. 2d 150 · Washington Supreme Court · Dec 22, 2005

Accord In re Det. of Albrecht, 147 Wn.2d 1, 7-8 , 51 P.3d 73 (2002). ¶14 Proof of a recent overt act may be required to establish current dangerousness. … Phenix would be used only to prepare to testify in a lawsuit, and her opinion was therefore not admissible under ER 703. ¶26 The statutory definition of the practice of psychology is clearly broader than Mr.

Smithson v. Hammond

District Court, W.D. Washington · Oct 27, 2023

While “[t]he right to be free from excessive force [under the Fourth 5 Amendment] is a clearly established right,” Saucier v. … Accordingly, Smithson has met each prong of the qualified immunity inquiry, and the 17 Court will not grant summary judgment for his Fourth Amendment excessive force claim. 18 c.