Case law

Adkins v. ALUMINUM COMPANY OF AM.

110 Wash. 2d 128 · Washington Supreme Court · Jun 9, 1988

Ultimately, this court held that the bailiff's conduct was protected by judicial *132 immunity, and affirmed the trial court's dismissal of that action on summary judgment. 3 Upon retrial of the present action, Adkins' theories … Adkins further contends in this connection that the trial court erred by failing to instruct the jury that ALCOA's invitation included the vent unless it clearly limited the area within the scope of its invitation.

Garcia v. STATE DEPT. OF TRANSP.

270 P.3d 599 · Court of Appeals of Washington · May 2, 2011

Miller, who by all accounts is certainly qualified as an expert in this area, in his opinion, the City failed to exercise proper engineering discretion by not demanding or requesting of the state Department of Transportation … It is well established that in order to hold a municipality liable for failure to provide a safe roadway, the plaintiff must establish "more than that the government's breach of duty might have caused the injury."

Matter of Disciplinary Proceeding Against Schafer

66 P.3d 1036 · Washington Supreme Court · Apr 17, 2003

We conclude that Hamilton's statements to Schafer qualify as a "confidence" or "secret" under RPC 1.6. … This double standard allows lawyers to gamble on a positive outcome to justify what otherwise would be clearly unacceptable conduct.

State v. Furman

122 Wash. 2d 440 · Washington Supreme Court · Sep 30, 1993

prosecutorial misconduct prejudiced appellant's right to a fair trial, and appellant's challenge to the prosecutor's penalty phase conduct is mooted by our vacation of the death sentence. *455 Appellant bears the burden of establishing … Ct. 1758 (1986) (process of death qualifying jury does not result in conviction-prone panel); State v. Irizarry, 111 Wn.2d 591, 596 , 763 P.2d 432 (1988) (same). Fare v. Michael C., 442 U.S. 707, 712-13 , 61 L.

Dillon v. Whatcom County

12 Wash. 391 · Washington Supreme Court · Jul 25, 1895

It will be hard to find a case that is more clearly in point than this particular one. … This distinction has been observed and maintained by the courts ever since the establishment of the judiciary, and was clearly and distinctly stated by Lord Ellenborough in King v. Justices of Kent, 14 East, 395.

Matter of Marriage of Foran

67 Wash. App. 242 · Court of Appeals of Washington · Aug 24, 1992

Evidence that reasonably tends to establish the theory of a party or to qualify or disprove the testimony of the adversary is relevant. Brown v. Spokane Cy. Fire Protec. … Clearly, under Matson, Peggy did not have sufficient time to consult with independent counsel. She first saw the contract on January 10.

Washington State Highway Commission v. Pacific Northwest Bell Telephone Co.

59 Wash. 2d 216 · Washington Supreme Court · Dec 21, 1961

Clearly, the payment of a tort judgment does not fall within this category. … It appears clear that the establishment of some parity between benefits and burdens in relation to a public endeavor such as highway construction is in the public interest.

Cascade Floral Prod., Inc. v. Dep. of Labor & Industries

177 P.3d 124 · Court of Appeals of Washington · Jan 15, 2008

Moving for summary judgment, the Companies argued that brush picking is not an "agricultural activity," nor does it qualify as "forestation or reforestation" under the Act. … The ejusdem generis rule applies where lists of both general and specific terms are clearly associated in a sentence. Sw. Wash. Chapter, Nat'l. Elec. Contractors Ass'n., 100 Wash.2d at 116-17 , 667 P.2d 1092 .

In Re Martin

223 P.3d 1221 · Court of Appeals of Washington · Dec 24, 2009

Martin was discharged for qualifying misconduct. We, therefore, reverse the decision of the superior court and affirm the Commission's decision. … least ten years' experience as peace officers; and (iv) one person who is not currently *1227 a peace officer and who represents a community college or four-year college or university. ¶ 23 The plain words of the statute clearly

Washington Professional Real Estate, LLC v. Young

163 Wash. App. 800 · Court of Appeals of Washington · Sep 15, 2011

Brooks must therefore be the procuring cause of this sale to qualify for the commission.”). … Tom Eastman. 2 Prudential filed declarations establishing that it performed its duty not only by erecting its sign, creating the marketing brochure picked up by Dr.

Gregory Tayloe-mccandless v. Dept. Of Social & Health Svcs

Court of Appeals of Washington · Aug 17, 2015

At common law, the State was immune from lawsuit. Linville v. State, 137 Wn. App. 201, 208, 151 P.3d 1073 (2007). … The Legislature also clearly expressed its intent to insulate a parent from allegations of child abuse or neglect based solely on the existence of a parent's disability or handicap.

Martin v. Criminal Justice Training Commission

154 Wash. App. 252 · Court of Appeals of Washington · Dec 24, 2009

Martin was discharged for qualifying misconduct. We, therefore, reverse the decision of the superior court and affirm the Commission’s decision. … have at least ten years’ experience as peace officers; and (iv) one person who is not currently a peace officer and who represents a community college or four-year college or university. ¶23 The plain words of the statute clearly

State v. Williams

30 Wash. App. 558 · Court of Appeals of Washington · Nov 9, 1981

There is nothing conclusive in the evidence establishing the legality or the illegality of the officers' conduct.... … The burden is on the defendant to clearly establish on the record the commission of error by the trial court. (Citations omitted. Italics ours.)

State v. Angulo

200 P.3d 752 · Court of Appeals of Washington · Feb 10, 2009

Clearly the defendant and victim in Biles were describing the same criminal act, and did so in sufficient detail to show that child sexual abuse occurred. … Otherwise, the court noted, the corpus delicti rule "would operate as a complete shield against punishment for his crime and afford him absolute immunity if he were cunning enough to destroy the body or otherwise conceal

In re Recall of Riddle

Washington Supreme Court · Oct 26, 2017

The factual allegations in this case clearly allege much more than a simple mistake. … In such cases, a showing of unlawful purpose is necessary to establish an unlawful act constituting malfeasance. This case is different.

Sefnco Communications, Inc., V. Dept Of Labor & Industries

Court of Appeals of Washington · Jul 5, 2022

It also challenges whether the flagger committed the violations and whether the violations qualified as repeat serious violations. We affirm. … However, the settlement agreement, which was the source of the abatement obligations, stated it did not render SEFNCO immune from future compliance efforts.

Richardson & Holland, Inc. v. Owen

148 Wash. 583 · Washington Supreme Court · Aug 21, 1928

But we think the Woolworth Co. case is clearly distinguishable from this. … After the objection made by appellants was sustained, respondents then caused the physician who attended the private respondent to qualify and testify as to the reasonable value of his services in the sum of $116.

Backlund v. Board of Commissioners

106 Wash. 2d 632 · Washington Supreme Court · Sep 11, 1986

The trial court concluded that the Board's decision was clearly erroneous and Dr. Backlund's privileges at Evergreen should be reinstated. The Board requested direct review by this court. … Backlund's beliefs and conduct are protected by the free exercise of religion clause of the first amendment to the United States Constitution. 3 To qualify for First Amendment protection individuals must prove only that their

State v. Jones

159 Wash. 2d 231 · Washington Supreme Court · Dec 28, 2006

U.S.C. § 924 (e), a later court could look to police reports or complaint applications in determining whether a guilty plea in an earlier criminal proceeding formed the basis for a conviction of “generic” burglary, thereby qualifying … It did say that police reports and complaint applications run afoul of Apprendi because disputed facts in those types of reports are “too much like the findings subject to .. .Apprendi, to say that Almendarez-Torres clearly

Peoples Nat. Bank of Washington v. United States

608 F. Supp. 672 · District Court, W.D. Washington · Jan 1, 1984

The only way to overcome such a levy is to establish an interest prior to that of the government. See United States v. … Clearly, therefore, Peoples claim of a security interest under the UCC must be rejected. B.