Case law

Negron v. Snoqualmie Valley Hospital

86 Wash. App. 579 · Court of Appeals of Washington · May 5, 1997

It is indeed well-settled that when medical testimony is necessary to establish causation of injury or disease, that testimony must be given by a qualified person in terms of reasonable medical probability. 11 We applied … The plaintiff sought to show that the emotional distress depressed his immune system, resulting in a case of active hepatitis.

Lundeen v. Department of Labor & Industries

78 Wash. 2d 66 · Washington Supreme Court · May 20, 1970

As to such a claim under the Military Claims Act he need establish only causation; if he chooses the Federal Tort Claims Act he must, of course, establish negligence. … The myth of a gift, when a government compensated those who had been injured by its representatives, disappeared when governmental immunity was exorcised. If Mrs.

State v. Sellers

39 Wash. App. 799 · Court of Appeals of Washington · Feb 15, 1985

His attack is premised on the argument that the corpus delicti had not been established before this evidence came in, and, in fact, never was established. The contention would be well taken if the premise were correct. … However, it is not correct; the corpus delicti was established.

Philippides v. Bernard

88 P.3d 939 · Washington Supreme Court · May 4, 2004

They argue that the intent section defines "support" as meaning significant involvement in the child's life, which can be established by emotional support. … Constitution and the privileges and immunities clause (article I, section 12) of the Washington Constitution.

Grae-El v. City of Seattle

District Court, W.D. Washington · Apr 21, 2022

15 employees cannot reach the separate actions of their employer,’ and so ‘[a]n agent’s 16 immunity from civil liability generally does not establish a defense for the principal.’” 17 (3/1/22 Order at 18 (quoting … See Yuille, 45 P.3d 15 at 1110; Miles, 6 P.3d at 117-18; Grennan, 2001 WL 76959, at *2. 16 The courts considered “[t]he purpose behind the immunity” established by RCW 17 26.44.060, which they found was

Hill v. Sacred Heart Medical Center

177 P.3d 1152 · Court of Appeals of Washington · Feb 26, 2008

Heparininduced thrombocytopenia (HIT) can trigger such significant life- or limb-threatening venous and/or arterial thromboembolisms. [5] HIT is an immune-mediated reaction to heparin. ¶ 9 Health care providers estimate the … The issue is whether the Hills' experts established the second element. ¶ 25 Mr.

State v. Barnett

17 Wash. App. 53 · Court of Appeals of Washington · Mar 7, 1977

The decision to not establish and maintain such a program does not deprive a prisoner of his liberty without due process of law, does not deny him equal protection of the law, and does not constitute cruel and unusual punishment … Barnett clearly qualifies as a habitual criminal notwithstanding the fact that he may be a heroin addict.

State of Washington v. Mahadi H. Aljaffar

198 Wash. App. 75 · Court of Appeals of Washington · Mar 7, 2017

I think he is sufficiently qualified to interpret in this case. Having said that, I just need to administer the oath. … While we recognize the statutory definition ~f good cause permits some flexibility, the circumstances here clearly do not constitute good cause.

Shaw v. Shumway

3 Wash. 2d 112 · Washington Supreme Court · Mar 7, 1940

been signed by more than ten per cent of the qualified electors. … Clearly, there is a difference between the entry of a judicial order requiring the calling of a special election to fill an unanticipated vacancy in an elective office, when there is not sufficient time before the date of

State v. Cyr

195 Wash. 2d 492 · Washington Supreme Court · Apr 16, 2020

Division Three has not weighed in as clearly, but it has held in a 15 State v. … Silva- Baltazar, 125 Wn.2d 472, 476, 886 P.2d 138 (1994) (“The UCSA delineates offenses and establishes maximum penalties, but does not set out determinate sentence ranges, which are provided for in the [SRA].”).

Goertz v. City of Kirkland

District Court, W.D. Washington · Nov 15, 2022

Qualified Immunity 2 Defendants argue that Barnes and Weinstein should be dismissed from this case under the 3 doctrine of qualified immunity. … Qualified immunity protects government 4 officials from liability “insofar as their conduct does not violate clearly established statutory or 5 constitutional rights of which a reasonable person would have known.”

O'Brien v. Tribune Publishing Co.

7 Wash. App. 107 · Court of Appeals of Washington · Jun 15, 1972

The focus of inquiry is directed to establishing the state of the defendant’s mind. … A newspaper has a qualified or conditional privilege to report legal proceedings provided the publication is a fair and accurate statement of the contents and is made without malice.

Wings of World, Inc. v. Small Claims Court

97 Wash. App. 803 · Court of Appeals of Washington · Nov 1, 1999

Raising similar arguments, Wings contends that the appeals bond and other filing fee requirements affect its rights under the privileges and immunities clause of our state constitution. … court expressly rejected the argument that the Legislature’s authority to set forth the qualifications for judges in the inferior courts is constitutionally limited, stating, “Under our state constitution, the people have clearly

Dow v. County of Snohomish

District Court, W.D. Washington · Jun 2, 2021

No. 27-1 at 16–17.) 12 Accordingly, Plaintiffs must overcome Defendants’ qualified immunity defense. … To decide whether an officer has qualified immunity, a court 21 engages in a two-pronged inquiry.

Hoglin v. Brown

4 Wash. App. 366 · Court of Appeals of Washington · Mar 1, 1971

It is well settled that mere misdiagnosis by a physician or surgeon does not necessarily establish liability against him. As stated in Skodje v. … A mere difference of professional opinion as to diagnosis or treatment is not enough to establish negligence.

Read v. Employment Security Department

62 Wash. App. 227 · Court of Appeals of Washington · Aug 5, 1991

See RCW 34.05.902. 4 The "clearly erroneous" standard applies to factual issues. Franklin Cy. Sheriff's Office v. Sellers, 97 Wn.2d 317, 324 , 646 P.2d 113 (1982), cert. denied, 459 U.S. 1106 , 74 L. Ed. 2d 954 , 103 S. … decisions are: "(a) in violation of constitutional provisions; or "(b) in excess of the statutory authority or jurisdiction of the agency; or "(c) made upon unlawful procedure; or "(d) affected by other error of law; or "(e) clearly

State v. Liles

11 Wash. App. 166 · Court of Appeals of Washington · May 3, 1974

Even if Detective Bansmer did qualify as an expert, defendant contends the testimony was not material. … , or tending to establish, innocence.

Dion Blackburn v. Dep't of Social & Health Services

Court of Appeals of Washington · Feb 9, 2023

Under numerous circumstances, government officials enjoy qualified immunity from damages liability when charged with constitutional or common law tort liability. … For constitutional torts redressed under 42 U.S.C. § 1983, qualified immunity protects an executive actor from liability for her actions as long as she does not violate relevant law “clearly established” at the time of

Wheeler v. Broggi

District Court, W.D. Washington · May 4, 2020

Qualified Immunity 14 In their motion to dismiss, Defendants argued that Defendants Broggi and Olmstead were 15 entitled to qualified immunity under § 1983 as to Plaintiff … Delaware, 438 U.S. 154 (1978), 3 sets forth the standard for a qualified immunity defense to a civil rights claim of “judicial 4 deception.”

State v. Iverson

126 Wash. App. 329 · Court of Appeals of Washington · Feb 7, 2005

Thus, the statement clearly was not admitted to prove the truth of the matter and was not hearsay. *337 ¶17 The statement was nevertheless relevant to explain why the officers, who were by then aware of the protection order … Christopher does not establish that the information is hearsay. ¶27 In State v. Tharp, 26 Wn.