Docket No. 80922-4 (from Court of Appeals Division II Case No. 34630-3)  Facts: Petitioner Jesse Magana sued respondent Hyundai motor car manufacturer, and others, for injuries sustained in a car accident allegedly due to the car’s design defects. While Magana prevailed at trial, the Court of Appeals reversed and remanded the case in part as to the issue of Hyundai’s liability. Continue reading →

Docket No. 80811-2 (from Court of Appeals Division II Case No. 35219-2)  Facts: Following an industrial accident that injured his knee and left him with a permanent partial disability of 75% in his left leg, petitioner James Tomlinson was awarded workmen’s compensation pursuant to Washington Revised Code §51.32.080. Continue reading →

Docket No. 80720-5 (from Court of Appeals Division II Case No. 34321-5)  Facts: Respondent Kitsap County fired a deputy sheriff for 29 documented incidents of misconduct, including untruthfulness. Pursuant to a collect bargaining agreement, an arbitrator heard the case and determined the charges against the deputy were accurate, but termination was not the appropriate penalty and in effect reinstated the deputy. Continue reading →

Docket No. 80998-4 (from Court of Appeals Division III Case No. 24076-2)  Facts: Petitioner Allan Parmelee, an inmate at the Washington State Penitentiary, filed a public records request for documents containing information regarding respondent Eric Burt and several other Washington State Penitentiary employees pursuant to Washington Revised Code §42.56. Continue reading →

Docket No. 81022-2 (from Court of Appeals Division II Case No. 35733-0)  Facts: Petitioner D.O.T. Foods is an out-of-state seller of food products in Washington through a wholly owned subsidiary. 99 percent of D.O.T.’s products are consumer products with the remainder of the sales coming from nonconsumer products. For many years D.O.T. has received a B & O (business and occupation) tax exemption for 100 percent of its sales under RCW §82.04.423(1). Continue reading →

Docket No. 80841-4 (from Court of Appeals Division I Case No. 57420-5)  Facts: Petitioner Steven Heddrick Jr. was charged with felony harassment, and subsequently charged with custodial assault because of his involvement in an altercation with jailhouse staff while awaiting trial. The Superior Court for King County entered an order finding Henddrick competent to stand trial on the assault charge, but did not enter an equivalent order in the prior harassment case. Continue reading →

Docket No. 81202-1 (from Court of Appeals Division I Case No. 57938-0)  Facts: Respondent Eufemia Morgan and other employees of petitioner Gerald Kingen who previously worked for Kingen at Funsters Grand Casino, Inc. filed suit against Kingen in the Superior Court for King County seeking to recover wages that had gone unpaid following the casino’s bankruptcy. Continue reading →

Docket No. 80684-5 (from Court of Appeals Division II Case No. 34808-0)  Facts: Petitioner property owner Paul Post was assessed civil penalties by respondent city of Tacoma for having several properties in substandard or derelict conditions, in violation of several city code provisions. Post claimed the city violated his rights to due process, and sought a declaration that the city code provisions, the city’s fining procedures, and the fines levied against him were unconstitutional; Continue reading →

Docket No. 81062-1 (from Court of Appeals Division III Case No. 25597-2)  Facts: Respondent Ryan O’Hara was charged with second degree assault in the Superior Court for Spokane County where he argued his actions were in self-defense. The trial court instructed the jury on the law of self-defense per O’Hara’s request, but also instructed the jury as to the meaning of “malice” used in the self-defense instruction without O’Hara’s request or objection. Continue reading →

Docket No. 81102-4 (from Court of Appeals Division I Case No. 60780-4)  Facts: After reaching a plea agreement, petitioner Michael McKiearnan was convicted of first degree robbery and sentenced in the Superior Court for Snohomish County. Continue reading →