Case law

State Farm Fire & Casualty Co. v. El-Moslimany

178 F. Supp. 3d 1048 · District Court, W.D. Washington · Apr 15, 2016

fraud’”, that her Ph.D. research and dissertation were the work of someone else, that she did not teach, do any research, or work while serving as a scholar at Harvard University, holds herself out as younger than she is to qualify … Defendants also point to Sindi’s responses to interrogatories as asserting defendants’ conduct caused her to suffer a compromised immune system, stomach pain, a weakened/depleted heart, and other physical symptoms.

State ex rel. Gillette v. Clausen

44 Wash. 437 · Washington Supreme Court · Nov 19, 1906

Under § 2, supra, the commission clearly has authority to fix the compensation of its secretary and clerks, within the limits imposed by the statute, and we think the same power exists as to the experts provided for in §§ … On the other hand, it would seem to be in the interest of the state, and in consonance with sound business principles, to know the extent of the state’s liability before the indebtedness against it becomes an established

O'BRIEN v. Artz

74 Wash. 2d 558 · Washington Supreme Court · Oct 3, 1968

O’Brien qualified as administrator of the estate of Corinne J. Dyke and as guardian for Cecilee L. Dyke, a minor. He commenced this action for damages for the wrongful death of Corinne J. Dyke and injuries to Cecilee J. … Applying this rule, the record establishes certain facts with regard to the first collision. Tacoma Avenue, from curb to curb, is 55 feet wide, and the centerline is at a point 27% feet from either side.

In Re the Marriage of Hilt

41 Wash. App. 434 · Court of Appeals of Washington · Aug 8, 1985

He argues that the evidence presented clearly established the source of contributions for all the payments on the 10 acres. … Clearly, the nature and purpose of the new Brown rule is to erase the inequity of characterizing one spouse's personal injury claim completely as community property.

Brown

District Court, W.D. Washington · May 20, 2026

“Judgment on the 6 pleadings is proper when the moving party clearly establishes on the face of the pleadings that no 7 … Judicial immunity 17 “It has long been established that judges are absolutely immune from liability for acts 18 ‘done by them in the exercise of their judicial

Glaubach v. Regence BlueShield

149 Wash. 2d 827 · Washington Supreme Court · Jul 17, 2003

The OIC listed 31 statutes as establishing its authority to promulgate this rule. See note following WAC 284-43-822. 1 *835 RCW 48.43.035 is listed as one of these statutes; RCW 48.43.018 is not. … Glaubach correctly notes that the commissioner stated clearly that this rule “imposed no new duties” on health carriers because “[c]urrently, unfair discrimination based on sex is prohibited in insurance statutes.” Id.

State v. N.B.

127 Wash. App. 776 · Court of Appeals of Washington · May 31, 2005

. ¶12 Finally, N.B. contends that the disposition of 126-156 weeks was “clearly excessive” because the evidence established only that he needed two years of treatment. … At N.B.’s request, the court entered an order granting him use immunity for statements made during the predispositional evaluation. See State v. Decker, 68 Wn. App. 246 , 842 P.2d 500 (1992).

Calhoun v. Liberty Northwest Ins. Corp.

789 F. Supp. 1540 · District Court, W.D. Washington · Jan 6, 1992

Such unsupported claims are insufficient to establish specific facts on a motion for summary judgment. … As the record clearly reflects, plaintiff’s counsel has been unresponsive to both defendants and to this court on discovery issues.

Babcock v. Mason County Fire District No. 6

101 Wash. App. 677 · Court of Appeals of Washington · Aug 4, 2000

Public Duty Doctrine RCW 4.96.010, which abolished sovereign immunity, is qualified by the public duty doctrine. Smith v. State, 59 Wn. App. 808, 812 , 802 P.2d 133 (1990). … Rather, the statement was clearly made to advance a primary public duty of the District — to protect human life. RCW 52.02.020; Uniform Fire Code § 104.1 (1997).

United States v. Hines

150 F. Supp. 3d 1227 · District Court, E.D. Washington · Dec 11, 2015

The prior conviction qualifies as an ACCA predicate only if the statute’s elements are the same as, or narrower than, the elements of the generic offense. Id. … Upon a timely objection by the Defendant, the Government bears the burden of proof on any fact that is necessary to establish the base offense level.

Jamison v. Department of Labor & Industries

65 Wash. App. 125 · Court of Appeals of Washington · Apr 17, 1992

The evidence in this case clearly supports the contrary conclusion. … And such employees shall be duly qualified and licensed to drive and over the age of 25 years. Tacoma Yellow Cab, at 123.

State v. Brown

139 Wash. 2d 20 · Washington Supreme Court · Sep 9, 1999

Brown has failed to establish misconduct. She concedes that if her coat had been introduced into evidence, the jury could have used it to conduct the experiment. … Brown, relying on In re Charles, asserts that enhancements under RCW 9.94A.310(4)(e) are not immune from modification by other provisions of the SRA, namely RCW 9.94A.120’s exceptional sentence provisions.

Stoops v. Department of Retirement Systems

91 Wash. App. 898 · Court of Appeals of Washington · Mar 30, 1998

A statute is not ambiguous unless it is susceptible to *905 more than one meaning. 5 Stoops claims there are “uncontradicted” facts which establish that he meets the requirements of former RCW 41.26.030(3), “law enforcement … The security officers in Yakima County Deputy Sheriff’s Association, despite some overlapping of skills, were not qualified to perform all of the duties of a deputy sheriff and did not qualify as “uniformed personnel” for

State v. Clarke

156 Wash. 2d 880 · Washington Supreme Court · May 11, 2006

exceptional sentence as a matter of law, or (3) under an abuse of discretion standard, the exceptional sentence is clearly too excessive or clearly too lenient. … The dissent fails to provide any support for its assertion that, in addition to Clarke’s life sentence, Clarke’s minimum term also qualifies as the “ ‘relevant statutory maximum’ ” contemplated by Blakely and Apprendi.

Boyles v. Department of Retirement Systems

105 Wash. 2d 499 · Washington Supreme Court · Mar 27, 1986

Otherwise, qualified individuals who would receive appointments to higher exempt civil service positions would be reticent to accept the promotion for fear of jeopardizing their reversion rights if they later were appointed … He ruled that the administrative record "clearly and convincingly establish Dick Boyles' inability to perform the duties of deputy sheriff with average efficiency and, therefore, establish his right to disability retirement

McPhee v. Great Northern Ry. Co.

277 F. 502 · District Court, W.D. Washington · Jul 19, 1921

Plaintiffs seek to establish title to the W. i/2 of the N. W. % and N. W. % of the S. … The intent is clearly established that the purpose was not to procure land for another, but rather to procure the particular land for themselves, and an exchange of improvements and right of occupancy to the particular subdivisions

Harlan D. Douglass, et ux v. Shamrock Paving, Inc.

196 Wash. App. 849 · Court of Appeals of Washington · Nov 29, 2016

Once a party establishes a right of recovery, the damage amount turns on equitable factors to be determined by the trial court. RCW 70.105D.080. … equitable issues on remand is the extent to which the Douglasses' actions qualify as remedial. See Seattle City Light, 98 Wn. App. at 175.

City of Mount Vernon v. Cochran

70 Wash. App. 517 · Court of Appeals of Washington · Jul 6, 1993

He's certainly an expert, I will have no trouble laying a foundation at trial that he is qualified to testify about this breath machine. … The State must establish that the machine was in proper working order, that if chemicals were used in the testing they were correct and properly used, that the operator was qualified and performed the test correctly, and

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.

Winsor v. Smart's Auto Freight Co.

25 Wash. 2d 383 · Washington Supreme Court · Jul 12, 1946

Both Lipes and Jones had qualified themselves as expert truck drivers of many years experience. … “When the facts are neither contradicted nor permissive of conflicting inferences, when they are clearly settled and the course dictated by ordinary care can be so clearly .discerned as to permit but a single inference, there