Case law

Winston v. Bacon

8 Wash. 2d 216 · Washington Supreme Court · Apr 3, 1941

The fact that respondent did not see the Johnson car sooner *224 than he did is clearly insufficient, in itself, to establish negligence on respondent’s part.' … In the absence of such testimony, we do not feel qualified to express any opinion upon the validity of the argument advanced.

Shannon Kries et vir v. WA-SPOK Primary Care, LLC

190 Wash. App. 98 · Court of Appeals of Washington · Sep 10, 2015

Riedo’s testimony alone establishes a factual question, but inconsistencies in the testimony of Women’s Clinic’s witness also establish a question of fact. ¶50 Expert opinion on contract interpretation is usually inadmissible … An accommodation is reasonable only if its cost is not clearly disproportionate. Stone v. City of Mount Vernon, 118 F.3d 92, 98 (2d Cir. 1997).

In re the Personal Restraint of Davis

152 Wash. 2d 647 · Washington Supreme Court · Nov 4, 2004

Olsen were retained as qualified experts and both testified during the penalty phase of the trial. 235 On May 29, 1997, Dr. … mental health experts, and adequately prepare for the penalty phase by retaining qualified mental health experts. 259 We noted that while failure to perform any one of these actions would not establish ineffective assistance

State v. Powers

124 Wash. App. 92 · Court of Appeals of Washington · Nov 2, 2004

Regardless of the precise articulation, some statements qualify under any definition — for example, ex parte testimony at a preliminary hearing. … nowhere is it a call for help (i.e., Moscat and Leavitt). 4 The trial judge characterized her call as an excited utterance. *101 But despite this characterization, based on indicia of reliability and trustworthiness, Crawford clearly

Tegman v. Accident & Medical Investigations

75 P.3d 497 · Washington Supreme Court · Aug 28, 2003

Nor are the negligent defendants jointly and severally liable under RCW 4.22.030 for any such damages because their liability clearly is determined under RCW 4.22.070. … Some state legislatures have established such a system.

State v. Garcia-Salgado

240 P.3d 153 · Washington Supreme Court · Oct 7, 2010

However, "while the determination of historical facts relevant to the establishment of probable cause is subject to the abuse of discretion standard, the legal determination of whether qualifying information as a whole amounts … It is the State's burden to establish that an exception to the warrant requirement has been met. Garvin, 166 Wash.2d at 250 , 207 P.3d 1266 . The State has not established an exception in this case.

In Re The Estate Of Constance E. Little Roxanne Trees, Res. v. Renae Roberson, App.

444 P.3d 23 · Court of Appeals of Washington · Jun 24, 2019

It is clearly referenced in the Will. … The undisputed record establishes the Gift list complies with ROW 11.12.255.

State Ex Rel. Lawler v. Grant

178 Wash. 61 · Washington Supreme Court · Jun 25, 1934

The two appointees qualified in February, since which time they have served as such judges. On April 3,1934, they filed in the superior court for King county joint applications for a writ of mandamus to compel George A. … Clearly, in our opinion, it would be available for the new judges, just as it is already, because it is a fund for that purpose.

Dow v. Dempsey

21 Wash. 86 · Washington Supreme Court · Apr 22, 1899

The receiver duly qualified, and the respondent, upon the order of the court, turned the attached property over to him. … Upon these facts the question arises, has the plaintiff established a cause of action in claim and delivery against the defendants ?

In RE McNEAR v. Rhay

65 Wash. 2d 530 · Washington Supreme Court · Jan 28, 1965

Such proof must be made by clear and positive evidence, and it must be established that there was no coercion actual or implied. … It would not and could not support a general exploratory search or seizure. 1 Varon, Searches, Seizures and Immunities, Ch.

Queen City Farms, Inc. v. Central National Insurance

64 Wash. App. 838 · Court of Appeals of Washington · Jun 11, 1992

The trial court in the present case was clearly ápprised of QCF's objection to the use of the objective standard. … But the Brosseau majority clearly stated that in this instance, there was no serious factual question as to that intent.

State Ex. Rel. Wash. Nav. Co. v. Pierce County

184 Wash. 414 · Washington Supreme Court · Nov 14, 1935

Rankin are the duly elected, qualified and acting members of the board of county commissioners of Pierce county, Washington, and that S. … Clifford Davis is the duly elected, qualified and acting county auditor of Pierce county, Washington, and that Paul Newman is the duly elected, qualified and acting county treasurer of Pierce county, Washington. “ (3) That

Boring v. Alaska Airlines, Inc.

97 P.3d 51 · Court of Appeals of Washington · Sep 13, 2004

However, a discharge of an at-will employee is wrongful if done in violation of a clearly articulated public policy. Thompson v. St. Regis Paper Co., 102 Wash.2d 219, 232 , 685 P.2d 1081 (1984). … Schuttloffel, 27 P.3d 361, 367 (Colo.2001), the primary purpose of the act is to "promote air safety through the hiring of qualified pilots."

Bogomolov v. Lake Villas Condominium Ass'n of Apartment Owners

131 Wash. App. 353 · Court of Appeals of Washington · Jan 30, 2006

. ¶17 The deed clearly states that second-class shorelands were originally conveyed by the State to the original owners of the land in 1917. … Thus, the Declaration does not provide that only the existing numbered boat slips are limited common areas, but rather explains why the existing boat slips qualify as limited common areas.

Ago

Washington Attorney General Reports · Jul 12, 2001

Both RCW 29.13.020 and RCW 89.08.190 establish times for holding elections. … The purpose of this statute "is to clearly establish that the county is not responsible for any costs involved in the holding of any city, town, or district election." RCW 29.13.045.

Cerrillo v. Esparza

158 Wash. 2d 194 · Washington Supreme Court · Aug 31, 2006

However, the structure of the statute clearly signals a disjunctive reading. RCW 49.46.130(2)(g) is divided into three subsections enumerated (i), (ii), and (iii), and separated by semicolons and the word “or.” … As a result, the trial court did not consider whether the truckers failed to qualify for the exemption for other reasons.

League of Educ. Voters v. State

Washington Supreme Court · Feb 28, 2013

They choose not to and, as is further explained below, were aware of other states' constitutional provisions in existence at the time that more clearly establish a simple majority vote as a ceiling. … The History Surrounding Article II, Section 22 Shows that the Section Simply Establishes a Quorum Requirement The majority opinion disregards historical evidence that clearly establishes that the framers

City of Sumner v. Walsh

148 Wash. 2d 490 · Washington Supreme Court · Jan 23, 2003

Nor is it necessary for the City to establish that its ordinance completely solves the problems it was enacted to address. … A juvenile may move about freely at night accompanied by a parent or qualified adult.

Avery v. Department of Social & Health Services

150 Wash. 2d 409 · Washington Supreme Court · Oct 30, 2003

. *418 The G.C.B. court found that the trial court’s ruling was “so contrary to established principles in the law of adoption” that it felt compelled to comment further on the issue of standing. Id. at 718 . … As stated clearly above, the adoption process is a creature of statute and in determining proper standing, we must look to the statute.

Chemical Bank v. Washington Public Power Supply System

99 Wash. 2d 772 · Washington Supreme Court · Jun 15, 1983

We hold that an agreement to purchase project capability does not qualify as a purchase of electricity. … Under the provisions, the participants clearly could construct, acquire and operate generating facilities.