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Esparza v. Skyreach Equipment Inc.
Manlift manufacturer may be liable for painter's injury because it failed to warn of tipover danger.
Torts Apr. 23, 2001
Nelson v. Schubert
Where there is no actual proof of death, wrongful death action does not ripen until death is established by way of presumption.
Torts Apr. 23, 2001
State v. J.A.B.
Juveniles' challenge to probation counselor's report to calculate standard range disposition is waived where issue isn't raised in lower court proceedings.
Criminal Law and Procedure Apr. 23, 2001
State v. Mitchell
Evidence Rule 702, not prior appellate decision, is primary standard for admissibility of expert testimony regarding diminished capacity.
Criminal Law and Procedure Apr. 23, 2001
Unisys Corp. v. Senn
Two-year statute of limitations bars action against nonprofit association to guarantee annuity contracts.
Contracts Apr. 23, 2001
Rodriguez v. Badgley
Parents have statutory cause of action against law enforcement for negligent investigation into alleged child 'sex ring.'
Torts Apr. 23, 2001
Guardian North Bay, Inc. v. Superior Court (Myers)
Order
Apr. 23, 2001
State v. Martinez
Police officer testimony of informant's statements at scene of crime aren't sufficiently reliable to fall within hearsay exception.
Criminal Law and Procedure Apr. 23, 2001
T.C., a Minor
Juvenile court may consider uncharged criminal conduct to determine juvenile's risk of re-offending.
Juveniles Apr. 23, 2001
In re Peterson
Defendant's final discharge may be revoked when he did not serve parole outside confines of prison.
Criminal Law and Procedure Apr. 23, 2001
Mitchell F., a Minor.
Prohibition against application of 'compromise misdemeanor' statute to juveniles does not violate equal protection principles.
Juveniles Apr. 23, 2001
Brinkerhoff v. Campbell
Insurer has no duty to disclose policy limits, but must correct claimant's mistaken belief as to policy limit after direct inquiry.
Insurance Apr. 23, 2001
State v. Morin
Three strikes law, which classifies certain sex offenders as persistent offenders after two strikes, is constitutional.
Criminal Law and Procedure Apr. 23, 2001
State v. Brown
Conviction for first-degree assault requires sufficient evidence of intent.
Criminal Law and Procedure Apr. 23, 2001
State v. Harris
First-degree assault conviction requires sufficient evidence of intent.
Criminal Law and Procedure Apr. 23, 2001
Sabey v. Howard Johnson & Co.
Shareholder who suffers separate and distinct injury from other shareholders has right to sue on behalf of injured corporation.
Corporations Apr. 23, 2001
State v. Irons
Improper justifiable homicide jury instruction constitutes harmful error.
Criminal Law and Procedure Apr. 23, 2001
Estate of Upton
Deed of trust beneficiary's interest in real property is superior to owner's homestead interest.
Real Property Apr. 23, 2001
Fluke Corp. v. Hartford Accident
Indemnification for malicious prosecution and punitive damages is not against Washington public policy.
Insurance Apr. 23, 2001
State v. S.H.
Judge may impose sanctions where there is express finding of bad faith in preserving judicial economy.
Civil Procedure Apr. 23, 2001
State v. Ewing
Insurance company benefits paid to crime victim suffers loss as direct result of crime for which offender must pay restitution.
Criminal Law and Procedure Apr. 23, 2001
Calof v. Noah
Anti-harassment order does not violate individual's First Amendment rights.
Constitutional Law Apr. 23, 2001
City of Kent v. Jenkins
A prior deferred prosecution constitutes a prior offense that can be used to increase a subsequent offense's minimum punishment.
Criminal Law and Procedure Apr. 23, 2001
Federated Services Insurance Co. v. Estate of Jason
In wrongful death survival action, decedent's estate may not recover damages for loss of probable future inheritance.
Probate and Trusts Apr. 23, 2001
State of Washington v. Khanteechit
Court makes no error in denying request for sentence reduction where record fails to support defendant's appeal.
Criminal Law and Procedure Apr. 23, 2001
Marriage of Barone
Parent seeking equitable relief from past-due child support obligations must establish that enforcement of support order creates severe hardship.
Family Law Apr. 23, 2001
Wells v. Western Washington Growth Management Board
Under Growth Management Act, county's comprehensive plan and development regulations are presumptively valid upon adoption.
Government Apr. 23, 2001
People v. Otto
Presentence report containing hearsay may be admitted into evidence under Welfare and Institutions Code Section 6600.
Criminal Law and Procedure Apr. 23, 2001
State v. J.M.
Felony harassment statute does not require proof that perpetrator knew or reasonably should have known that threat would be communicated to victim.
Juveniles Apr. 23, 2001
People v. Casa
Trial courts striking of two prior serious felony findings is an abuse of discretion.
Criminal Law and Procedure Apr. 22, 2001