Case law

In Re Detention of Durbin

248 P.3d 124 · Court of Appeals of Washington · Mar 8, 2011

that Durbin met the criteria for commitment as an SVP. ¶ 8 On an ex parte finding of probable cause, the State transferred Durbin to the Thurston County Jail and, on September 30, 2004, Durbin stipulated that the petition established … Thus, the legislature clearly intended that the 2009 amendments apply to individuals in Durbin's position, i.e., individuals awaiting commitment under chapter 71.09 RCW and confined in a secure facility such as the SCC.

In Re The Detention Of Randy Ryan Ross

547 P.3d 278 · Court of Appeals of Washington · Apr 29, 2024

The charges brought by the State in Ross’ 2015 and 2022 cases qualify as sexually violent offenses under RCW 71.09.020(18). … We decline to extend the right to a jury trial to this preliminary determination because, as analyzed herein, that is clearly not the intent of our legislature. Citing to In re Det. of Greenwood, 130 Wn.

Puget Sound Financial v. Unisearch, Inc.

47 P.3d 940 · Washington Supreme Court · Jun 6, 2002

We need not determine the impact of the first invoice to decide that, after 48 transactions, a course of dealing was clearly established. … Therefore, we conclude that the general commercial setting establishes a prior course of dealing. Am.

Ritter v. Board of Commissioners

96 Wash. 2d 503 · Washington Supreme Court · Dec 10, 1981

Ct. 840 (1934); Roth , at 577 ("clearly implied promise of continued employment" is a property interest). … Clearly these charges "might seriously damage [Ritter's] standing and associations in his community." Roth , at 573.

Burnet v. Spokane Ambulance

131 Wash. 2d 484 · Washington Supreme Court · Apr 3, 1997

independent duty of care to its patients [and]. . . must exercise reasonable care to insure that the physicians selected as members of a hospital medical staff are competent,” but argued that the Burnets "ha[d] failed to establish … Those reasons should, typically, be clearly stated on the record so that meaningful review can be had on appeal.

In re the Personal Restraint of Turay

150 Wash. 2d 71 · Washington Supreme Court · Aug 21, 2003

“The rule established by this court is that where a statute has been construed by the highest court of the state, the court’s construction is deemed to be what the statute has meant since its enactment.” State v. … Certainly a fourth degree assault could amount to a recent overt act, but clearly also an act amounting to fourth degree assault need not amount to a recent overt act.

Clark County v. Western Washington Growth Management Hearings Board

161 Wash. App. 204 · Court of Appeals of Washington · Apr 13, 2011

Lewis County established “Soccer Fields” as a short form for 142 Wn.2d 543 . Lewis County, 157 Wn.2d at 497 . … The Growth Board found that these processes contained no clearly erroneous errors.

Discover Bank v. Maurie Lemley, et ux

Court of Appeals of Washington · Mar 18, 2014

"Any other summary judgment pleadings," the court explained, "were clearly designated for [Discover's] own later scheduled ... noticed hearing." CP at 851. … Our ruling also does not address whether Joshua Smith or James Ball qualifies to testify to the facts stated in their respective affidavits or whether either qualifies to identify the documents attached to their respective

Woods View II, LLC v. Kitsap County

188 Wash. App. 1 · Court of Appeals of Washington · Apr 14, 2015

Even assuming without deciding that WVII establishes intentional interference resulting in termination of relationship, WVII fails to establish a genuine dispute as to prong (4), improper purpose/means. … That doctrine immunizes petitions to government from certain types of liability. Because we hold that WVII’s claims against the County fail, we need not address the County’s immunity under this doctrine.

Serres v. Department of Retirement Systems

163 Wash. App. 569 · Court of Appeals of Washington · Sep 12, 2011

The settlement agreement established separate distribution funds for each subclass. … .” ¶33 Because the foregoing uncontested facts clearly demonstrate that the individual settlement awards provided retroactive compensation for services provided by county employees, the awards are “compensation earnable”

Douglas v. Bussabarger

73 Wash. 2d 476 · Washington Supreme Court · Mar 28, 1968

Unquestionably only experts are qualified to express an intelligent opinion as to what constitutes the proper method of treatment of a serious bone injury. … In our judgment, paralysis after an operation to repair a stomach ulcer raises the same inference. *483 Assuming that plaintiff’s disability does not fall clearly and unmistakably within the category of those res ipsa cases

Silverstreak, Inc. v. STATE DEPT. OF LABOR

154 P.3d 891 · Washington Supreme Court · Mar 29, 2007

Each of these conclusions qualified the drivers for prevailing wages. … It is undisputed that the Suppliers are qualified, prevailing parties under RCW 4.84.350.

State v. Morgan

123 Wash. App. 810 · Court of Appeals of Washington · Oct 25, 2004

The court clearly instructed the jury that a superseding, intervening cause relieves the defendant of liability because it breaks the causal chain. … But the fact that a jury instruction is modeled from a pattern instruction does not render it immune from judicial scrutiny.

Wagner v. County of Spokane

District Court, E.D. Washington · Dec 9, 2020

Whitehead, 580 2 F.3d 1087, 1092 (9th Cir. 2009). 3 The individual Defendants assert that they are entitled to qualified immunity 4 on all claims. … To determine the applicability of 5 qualified immunity, the court must decide (1) whether the defendant’s conduct 6 violated a constitutional right; and (2) whether the identified constitutional right was 7 clearly

Heavens v. King County Rural Library District

66 Wash. 2d 558 · Washington Supreme Court · Jul 8, 1965

The issue in this case is cléar cut: If utilized for the establishment of a library, where does the local improvement district concept, device or mechanism fall on the legal spectrum of permissible and nonpermissible special … On the one end of the span are the clearly permissible uses of special assessments to cover the cost of installing roads, sewers, et cetera. There is no argument that those improvements add valué to the adjacent land.

Colin v. Rogers

5 Wash. App. 113 · Court of Appeals of Washington · Jun 10, 1971

Consequently, we hold that the host-guest relationship had clearly terminated and it is for us to determine, on the facts of this case, whether or not it had been resumed. … If the conduct and intent of the parties controls the establishment of the host-guest relationship, then it follows that such conduct and intent establishes when such relationship commences as well as when it terminates.

Rhoades v. Department of Labor & Industries

143 Wash. App. 832 · Court of Appeals of Washington · Jan 22, 2008

Auman clearly applied RCW 51.32.080, the same statute at issue here. 116 Finally, Ms. Rhoades argues that neither Auman nor Messer 3 addressed the gender discrimination issue raised here. … The ERA’s broad protection goes beyond that of the equal protection clause of the federal constitution and the privileges and immunities clause of the state constitution. State v.

Clark County Public Utility District No. 1 v. Department of Revenue

153 Wash. App. 737 · Court of Appeals of Washington · Dec 15, 2009

Conversely, the Districts maintain that the basic service charges do not qualify as “gross revenue” under the statute. … The Last Antecedent Rule ¶37 The last antecedent rule of statutory construction provides that unless a contrary intent appears in the statute, a qualifying phrase refers to the last antecedent, and a comma before the qualifying

Lee v. Rite Aid Corp.

917 F. Supp. 2d 1168 · District Court, E.D. Washington · Jan 11, 2013

Clearly dissatisfied with Plaintiffs attendance record in her new position, Rite Aid re-assigned Plaintiff to the float team on December 29, 2009. … A rational jury could find that this qualifies as an “aggravating circumstance” for purposes of establishing intolerable working conditions. See Allstot, 116 Wash.App. at 433 , 65 P.3d 696 .

Shively v. Garage Employees Local Union No. 44

6 Wash. 2d 560 · Washington Supreme Court · Dec 12, 1940

The fourteenth amendment cannot be invoked as a mantle of protection under which the wrongdoer can plead immunity from the judicial processes of our courts. … Justice Murphy, has clearly set forth the scope of the rule which was being laid down.