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Case Law Update: week of 9/15/14


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    Tony Swartz

    Below is a list of published cases issued by Washington appellate courts between 9/13/14 and 9/19/14. The links below direct you to the full case; don’t rely on my summaries.

    Supreme Court / Sep. 18, 2014 – 88511-7 – Walston v. Boeing Co. (

    In mesothelioma lawsuit, Industrial Insurance Act created immunity for Boeing because plaintiff failed to raise material question of fact as to whether Boeing had actual knowledge injury was certain to occur.

    Supreme Court / Sep. 18, 2014 – 89343-8 – Frias v. Asset Foreclosure Servs., Inc. (

    Examination of deeds of trust act (DTA) found that no independent action exists for violations of DTA if foreclosure sale has not been completed. DTA violations may be actionable under Consumer Protection Act even if no foreclosure sale has been completed.

    Supreme Court / Sep. 18, 2014 – 89377-2 – Scrivener v. Clark College (

    In an age discrimination suit, employees can satisfy the McDonnell Douglas framework via articulated reason for the pretext or via as-applied discrimination. Each reason of the employer does not need to be disproved.

    Division II / Sep. 16, 2014 – 43700-7 – Libby Haines-marchel, Appellant V. Dept. Of Corrections, State Of Wa, Respondent (

    Pre-printed text on specific documents were exempt from PRA disclosure. Redacting name, DOC violation, and pre-printed material about DOC infractions was improper under PRA.

    Division II / Sep. 16, 2014 – 44250-7 – In Re The Marriage Of: Margaret Byerley, Respondent And James H. Cail, Appellant (

    Trial court erred in characterizing house as community property because the house was acquired before the committed intimate relationship began, thus it is properly considered as separate property instead.

    Division II / Sep. 16, 2014 – 44594-8 – State Of Washington, Appellant V. Anthony L. Kozey, Respondent (

    Misdemeanor domestic violence convictions count towards felony offender scores if the crime fits the DV definition in either RCW 10.99.020 or 26.50.010.

    Division II / Sep. 16, 2014 – 44925-1 – Viking Bank, Respondent V. Firgrove Commons 3 Llc, Appellant (

    Under a triple net rent agreement, lessee determined to not be required to pay for property management fees.

    Division III / Jul. 1, 2014 – 30765-4 – State of Washington v. Melody Lynn Wright (

    Theft by taking does not require trespass proof; convictions for theft first degree and Medicare fraud were not same criminal conduct where time of offense and place of offense were different.

    Division III / Sep. 16, 2014 – 31277-1 – Robin Rash, et al v. Providence Health & Services, et al (

    Declining a “path untraveled,” summary judgement for hospital affirmed in lost chance medical malpractice case because no testimony was provided about a percentage of a lost chance nor about length of decreased life expectancy.

    Division III / Sep. 16, 2014 – 32288-2 – John Andrews v. Washington State Patrol (

    If an agency fails to respond to PDR within the agency’s own self-imposed deadline, court should take a flexible approach when considering sanctions focusing on agency’s diligence and thoroughness of the response.

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