Docket No. 85658-3 (from Court of Appeals Division I Case No. 63299-0)
Synopsis: Whether the city of Seattle may be liable in an action for wrongful death brought by the survivor of a murder victim based on the failure of police to confiscate ammunition while detaining the murderer for questioning just before the murder occurred.
Category Archives: Court of Appeals Division I Audio
In re Custody of A.F.J.
Docket No. 86188-9 (from Court of Appeals Division I Case No. 63919-6)
Synopsis: Whether a foster parent who is also the former intimate partner of the child’s biological mother may seek the status of a de facto parent.
Synopsis: Whether a foster parent who is also the former intimate partner of the child’s biological mother may seek the status of a de facto parent.
State v. Ortega
Docket No. 85788-1 (from Court of Appeals Division I Case No. 64008-9)
Synopsis: Whether the defendant in a misdemeanor drug prosecution was lawfully arrested when the officer who witnessed the crime did not make the arrest but directed other officers who did not witness the crime to make the arrest.
Synopsis: Whether the defendant in a misdemeanor drug prosecution was lawfully arrested when the officer who witnessed the crime did not make the arrest but directed other officers who did not witness the crime to make the arrest.
Ruvalcaba v. Baek
Docket No. 85732-6 (from Court of Appeals Division I Case No. 63572-7)
Synopsis: Whether a landowner who causes his property to become landlocked may seek to condemn a private way of necessity under RCW 8.24.010, and if so, whether such an action may be barred by the statute of limitations or laches.
Synopsis: Whether a landowner who causes his property to become landlocked may seek to condemn a private way of necessity under RCW 8.24.010, and if so, whether such an action may be barred by the statute of limitations or laches.
State v. Allen
Docket No. 86119-6 (from Court of Appeals Division I Case No. 64466-1)
Synopsis: Whether in a criminal prosecution involving a defendant and an eyewitness of different races the trial court should instruct the jury on the difficulty of cross-racial identification when identification is at issue and there is no other corroborating evidence.
Synopsis: Whether in a criminal prosecution involving a defendant and an eyewitness of different races the trial court should instruct the jury on the difficulty of cross-racial identification when identification is at issue and there is no other corroborating evidence.
Diaz v. Medical Center Laboratory, Inc.
Docket No. 86049-1 (from Court of Appeals Division I Case No. 64363-1)
Synopsis: Whether evidence that a codefendant in a medical malpractice action settled with the plaintiff is admissible under RCW 7.70.080.
Synopsis: Whether evidence that a codefendant in a medical malpractice action settled with the plaintiff is admissible under RCW 7.70.080.
State v. Tarhan
Docket No. 85737-7 (from Court of Appeals Division I Case No. 62872-1)
Synopsis: Whether sealing juror questionnaires following jury selection without conducting the analysis required by State v. Bone-Club, 128 Wn.2d 254, 906 P.2d 325 (1995), constitutes structural error requiring reversal of a criminal conviction.
Synopsis: Whether sealing juror questionnaires following jury selection without conducting the analysis required by State v. Bone-Club, 128 Wn.2d 254, 906 P.2d 325 (1995), constitutes structural error requiring reversal of a criminal conviction.
Afoa v. Port of Seattle
Docket No. 85784-9 (from Court of Appeals Division I Case No. 64545-5)
Synopsis: Whether a license agreement between the port of Seattle and a vendor who provided airport ground services to airlines gave the port such control over the vendor’s work as to render it potentially liable for injuries to a vendor employee allegedly caused by workplace safety violations, and if so, whether the employee held the status of “business invitee” for purposes of the duty owed.
Synopsis: Whether a license agreement between the port of Seattle and a vendor who provided airport ground services to airlines gave the port such control over the vendor’s work as to render it potentially liable for injuries to a vendor employee allegedly caused by workplace safety violations, and if so, whether the employee held the status of “business invitee” for purposes of the duty owed.
Gorman v. City of Woodinville
Docket No. 85962-1 (from Court of Appeals Division I Case No. 63053-9)
Synopsis: Whether RCW 4.26.160, which prohibits the assertion of claims of right against the government based on the passage of time, bars an adverse possession claim against a municipality even though the claimant satisfied the elements of adverse possession before the municipality acquired the disputed property.
Synopsis: Whether RCW 4.26.160, which prohibits the assertion of claims of right against the government based on the passage of time, bars an adverse possession claim against a municipality even though the claimant satisfied the elements of adverse possession before the municipality acquired the disputed property.
Anfinson v. FedEx Ground Package Sys., Inc.
Docket No. 85949-3 (from Court of Appeals Division I Case No. 63518-2)
Synopsis: Whether the federal “economic realities” test for determining whether a worker is an independent contractor or an employee under the Fair Labor Standards Act applies to the Washington Minimum Wage Act, and if so, whether the trial court correctly articulated that test in its jury instructions.
Synopsis: Whether the federal “economic realities” test for determining whether a worker is an independent contractor or an employee under the Fair Labor Standards Act applies to the Washington Minimum Wage Act, and if so, whether the trial court correctly articulated that test in its jury instructions.