Case law

Tammy & Julie Closner v. PeaceHealth

Court of Appeals of Washington · Feb 26, 2026

The angiogram demonstrated severe stenosis in the same area of the earlier procedure clearly calling for intervention. 11. … Generally, a plaintiff must support each element of their medical malpractice claim with qualified expert testimony. Campanelli v. PeaceHealth Sw. Med. Ctr., 34 Wn.

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.

Oscar's, Inc. v. Washington State Liquor Control Board

101 Wash. App. 498 · Court of Appeals of Washington · Jul 17, 2000

Security personnel must wear clothing that clearly identifies them as security. … Second, we note the difference in the wording of the regulation: in the rule in Reeb, “permit” was not qualified by “knowingly”, as it is here.

Alaa Elkharwily, M.d., V. Kaiser Permanente

Court of Appeals of Washington · Aug 19, 2025

Because Elkharwily was hired on as a nocturnist, FHS’s executive committee concluded that Elkharwily needed to receive nighttime proctoring from a “qualified privileged and credentialed” night-shift hospitalist. … For example, “the employer/employee relationship is sufficient to establish privity.” Kuhlman, 78 Wn. App. at 121.

Evanston Insurance v. Westchester Surplus Lines Insurance

546 F. Supp. 2d 1134 · District Court, W.D. Washington · Mar 4, 2008

Most notably, the subcontract required Northwest to indemnify Champion and Bellevue Master and to waive employer immunity. (See Lavorgna Dep., Dkt. No. 13 at 76.) Northwest did not sign or return the subcontract. … The 2001 purchase order between Northwest and Bellevue Master included in the motion is clearly limited to the job Northwest was to perform and not for all work at the Lincoln Square Project.

Masunaga v. Gapasin

52 Wash. App. 61 · Court of Appeals of Washington · Jul 25, 1988

'"When the term "or" is used it is presumed to be used in the disjunctive sense, unless the legislative intent is clearly contrary.'" Childers v. Childers, 89 Wn.2d 592, 595 , 575 P.2d 201 (1978) (quoting 1A C. … Burt , at 132, rejected this argument, holding that the decedent did *68 not qualify as a minor under RCW 4.24.010. Thus the parents were unable to recover under either provision of RCW 4.24.010.

Johnson v. Recreational Equipment, Inc.

159 Wash. App. 939 · Court of Appeals of Washington · Feb 7, 2011

He also noted that the bicycle itself was “clearly a high mileage vehicle” that displayed “substantial wear and tear.” CP at 176. … REI asserts that “there is no evidence in the record to establish that the fork at issue deviated from Aprebic’s design standards.” Br. of Pet’r at 34.

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.

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

The Denali

23 F. Supp. 145 · District Court, W.D. Washington · Mar 31, 1938

shown on all the charts, aud clearly described in the pilot books for those waters. … There is no proof or intimation that the chief mate was better qualified than either the master or the pilot.

In Re The Detention Of: Thomas Quinn, V. State Of Washington

Court of Appeals of Washington · Aug 2, 2021

the records of his established convictions. … The State does not allege Quinn’s possession of child pornography qualifies. 11In re Det. of Leck, 180 Wn.

Harlys Daniel Rosario Cantillo v. Warden Northwest Detention Center et al.

District Court, W.D. Washington · Feb 27, 2026

The “burden is on the ‘next friend’ clearly to establish the 14 propriety of his status and thereby justify jurisdiction of the court.” … June 28, 2018). 4 Even assuming Arteta qualifies for “next friend” status, which would permit her to file a 5 petition on Petitioner’s behalf, it does not allow her to prosecute this action pro se

Leonard v. City of Seattle

81 Wash. 2d 479 · Washington Supreme Court · Nov 15, 1972

That the statute requiring service can be waived by the Attorney General so as to continue the court’s jurisdiction is clearly implicit in our comment on the subject that “lack of jurisdiction to enter the declaratory judgment … When the appeal was called for hearing before this court, the Attorney General, through his duly qualified and acting assistant, Mr.

In re Iso Ray, Inc. Securities Litigation

189 F. Supp. 3d 1057 · District Court, E.D. Washington · Jun 1, 2016

Besides, Plaintiffs neither define “clinically meaningless” nor explain how Feuerstein, who is not a medical professional, is qualified to make determinations regarding what is “clinically meaningless.” … The Press Release did not qualify any of its statements about the performance of WR+B, while the Study clearly did so.

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.

State Of Washington v. Kevin Richard Hubbard

Court of Appeals of Washington · Jun 22, 2015

Direct examination of James Henderson continues151 The audio recording clearly reflects that the court took a recess while waiting for Henderson to arrive. … Hubbard has the burden of establishing that Henderson was not sworn.

Lyon v. Thurston County

District Court, W.D. Washington · Jan 16, 2025

The burden then shifts 11 to the nonmoving party to establish a genuine issue of material fact. Matsushita Elec. Indus. Co. 12 v. Zenith Radio Corp., 475 U.S. 574, 585-87 (1986). … Even if a law enforcement officer mistakenly believes there is probable cause 15 to make an arrest, if that belief was reasonable, the officer is entitled to qualified immunity. Id. 16 at 679.

Levea v. G. A. Gray Corp.

17 Wash. App. 214 · Court of Appeals of Washington · Mar 28, 1977

Investigation established that the stud, which is a piece of 3/4-inch threaded steel rod, was of low strength steel rather than the much stronger high tensile (hardened) steel called for by the design specifications for the … The claim of jury misconduct is clearly of the kind which inheres in the verdict and which therefore we may not consider. Gardner v. Malone, 60 Wn.2d 836, 841 , 376 P.2d 651 (1962); Rasor v.

Gaylord v. Tacoma School District No. 10

88 Wash. 2d 286 · Washington Supreme Court · Jan 20, 1977

He clearly had a right to explain that he was not an overt homosexual and did not engage in the conduct the court ascribed to him which the court found immoral and illegal. … Evidence that explains the admission or qualifies it is clearly admissible. 1 Conrad, Modern Trial Evidence 377 (1966). See National Ass'n of Creditors v. Grassley, 159 Wash. 185 , 292 P. 416 (1930); Ryan v.

Maryland Casualty Co. v. City of Seattle

9 Wash. 2d 666 · Washington Supreme Court · Aug 6, 1941

The court held that the contractor was justified in acting upon the government’s representations, even though they were expressed as a belief and were qualified as stated. … In its oral memorandum opinion, the trial court had this to say regarding the controversy over the meaning of the specifications: “I am further of the opinion that it is clearly established by the great weight of the evidence