Case law

Anthis v. Copland

173 Wash. 2d 752 · Washington Supreme Court · Feb 16, 2012

The reason of the law, i.e., the motive which led to the making of it, is one of the most certain means of establishing the true sense.” … The language of § 81-2032 is still clearly intended to protect benefits under the Act from legal process.”

State v. Weber

149 P.3d 646 · Washington Supreme Court · Dec 28, 2006

The questions were not clearly targeted at establishing that Weber was a gang member. … Id. ¶ 52 In this case, the prosecuting attorney's argument was clearly a response to defense counsel's argument.

State v. Nolan

69 Wash. 2d 961 · Washington Supreme Court · Dec 15, 1966

We are here concerned then with the constitutional restraints (both federal and state) against unreasonable searches and seizures afforded to all in recognition of the fact that such immunity is essential to individual freedom … Here, the sum of the facts and circumstances which were within the knowledge of the arresting officers clearly establish probable cause.

State v. Hawkins

Washington Supreme Court · Oct 27, 2022

We hold that that vacatur statute clearly confers discretion on the trial court. But that discretion is not unlimited. … Make sure the applicant has a certificate of discharge After the trial court has established that the applicant has a qualifying felony, it must confirm that the applicant has a certificate of discharge

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.

City of Blaine v. Suess

93 Wash. 2d 722 · Washington Supreme Court · Jun 12, 1980

RCW 46.61.506(5) provides: *725 (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition … But it seems unlikely to us that the statute requires knowledge of the location where a blood test is available, so long as the accused clearly communicates his desire for such an additional test.

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].”).

In re the Detention of Petersen

145 Wash. 2d 789 · Washington Supreme Court · Mar 21, 2002

In its order it did not restate that the burden to establish probable cause rested on Thorell. Instead, it concluded “the state has established the absence of probable cause to believe that Mr. … Thorell In Thorell’s case the trial court clearly erred when, in its 1999 order, it stated the burden of proof at the probable cause hearing rested on Thorell.

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.”

Hitter v. Bellevue School District No. 405

66 Wash. App. 391 · Court of Appeals of Washington · Jul 13, 1992

Once the moving party establishes its initial burden, the party bearing the burden of proof at trial must present evidence sufficient to establish the essential elements of its case in order to withstand summary judgment. … Here, *402 Hitter has failed to establish a prima facie case on either the theory of negligent investigation or the theory of defamation, and therefore has not established any claim that would support an award for emotional

State v. Castilla

87 P.3d 1211 · Court of Appeals of Washington · Apr 19, 2004

DISCUSSION Treatment Session The principal issue here is Castilla's contention that the evidence did not establish that sexual intercourse occurred during a "treatment session." … The State presented evidence establishing that CNAs at NARC are responsible for "the hands-on care, activities of daily living, dressing, bathing, grooming, [and] assistance with feeding." [6] CNAs are expected to respond

McGee Guest Home, Inc. v. Department of Social & Health Services

142 Wash. 2d 316 · Washington Supreme Court · Nov 9, 2000

FACTS The plaintiffs in this action are among the larger (16 beds or more) CCFs that provided residential services to Medicaid-qualified mentally ill people. … Moreover, the Legislature clearly directed that the 1994 amendments apply to the establishment of rates such as those paid to the CCFs in this case.

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.

State Of Washington V. American Tobacco Co.

Court of Appeals of Washington · Oct 16, 2023

Words in a contract are given their ordinary, usual, and popular meaning unless the agreement as a whole clearly demonstrates a contrary intent. Bellevue Square, LLC v. … To bring an action for declaratory relief under the UDJA, a party must present a justiciable controversy and establish standing. To-Ro Trade Shows v.

Miranda v. Sims

98 Wash. App. 898 · Court of Appeals of Washington · Jan 18, 2000

Thus, to show a violation of the provisions, a party “ ‘must first establish that the challenged act treats unequally two similarly situated classes of people.’ ” Fell v. … Although the County’s policies provide the family with the opportunity to participate in inquest procedures, their participation, unlike that of the witnesses’, clearly cannot be compelled.

Roos v. Snohomish Regional Drug Task Force

166 Wash. 2d 834 · Washington Supreme Court · Sep 3, 2009

To qualify as an innocent owner, the claimant must establish that the “act or omission” leading to forfeiture was “committed or omitted without the owner’s knowledge or consent.” … This is not the standard established by the legislature. ¶52 The majority’s holding significantly alters the statute by allowing anyone who did not participate in the crime to automatically qualify as an innocent owner simply

Ocean Beauty Seafoods LLC v. Captain Alaska

District Court, W.D. Washington · Oct 28, 2022

including the other party’s attorney, consultant, surety, indemnitor, insurer, or agent). 16 To qualify … Nor has Hogan established that his 17 friends’ communications were made as his “representatives” within the meaning of Rule 18 26(b)(3)(A), and those communications are not immune from discovery under the work 19 product

McGee Guest Home v. Department of Social and Health Services

12 P.3d 144 · Washington Supreme Court · Nov 9, 2000

FACTS The plaintiffs in this action are among the larger (16 beds or more) CCFs that provided residential services to Medicaid-qualified mentally ill people. … Moreover, the Legislature clearly directed that the 1994 amendments apply to the establishment of rates such as those paid to the CCFs in this case.

Mears v. Bethel School District No. 403

182 Wash. App. 919 · Court of Appeals of Washington · Aug 12, 2014

The District cross appeals, claiming statutory immunity and arguing that the Mearses’ failure-to-rescue theory precludes Jada’s negligent infliction of *923 emotional distress claim as a matter of law. … The District’s experts conceded that administering epinephrine posed no significant risk of harmful side effects and that an asthma attack may qualify as an “allergic emergency.”

Alexander v. Highfill

18 Wash. 2d 733 · Washington Supreme Court · Jul 30, 1943

She qualified as such and notice to creditors was duly published, commencing December 18, 1941. … It must be presumed that the Legislature intended to depart' from the old law, which, in this instance, clearly and plainly required the election of aldermen by the qualified voters in their respective wards.