gross negligence standard in Washington

12 Washington opinions name it 2 courts 1930–2018 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

Case	Followed	Cited
Nist v. Tudorgreen wash · 1965 · cited in 3 Washington opinions naming this issue, 2017–2018 2 sentences 2018As one pertinent application of the gross negligence standard, the Nist court discussed its decision in Emery v. Milk, 62 Wn.2d 617 , 384 P.2d 133 (1963), in which the court observed that although the host driver demonstrated a number of the elements of care by driving in her proper lane with her lights on, keeping her car under control, we said that failure to stop at a stop sign and yield the right of way in driving through an obstructed intersection provided evidence of gross negligence, creating an issue of fact for the jury. 67 Wn.2d at 328 . 2017As one pertinent application of the gross negligence standard, the Nist court discussed its decision in Emery v. Milk, 62 Wn.2d 617 , 384 P.2d 133 (1963), in which the court observed that although the host driver demonstrated a number of the elements of care by driving in her proper lane with her lights on, keeping her car under control, we said that failure to stop at a stop sign and yield the right of way in driving through an obstructed intersection provided evidence of gross negligence, creating an issue of fact for the jury. 67 Wn.2d at 328 .	1	3
Perez v. McConkeygreen tenn · 1994 · cited in 1 Washington opinions naming this issue, 2017–2017 1 sentence 2017Coomer v. Kansas City Royals Baseball Corp., 437 S.W.3d 184 , 193 n.3 (Mo. 2014); Kerns v. Hoppe, 128 Nev. 910 , 381 P.3d 630 (2012); Perez v. McConkey, 872 S.W.2d 897, 904 (Tenn. 1994). ¶44 Since express assumption of risk and inherent peril assumption of risk both result in the bar of the plaintiff’s claim and arise from the plaintiff’s voluntary assumption of risk, one might argue that a gross negligence claim should survive assumption of risk by inherent peril if it survives express assumption of risk.	1	1
Eastwood v. Horse Harbor Foundation, Inc.green wash · 2010 · cited in 1 Washington opinions naming this issue, 2014–2014 1 sentence 2014Id. at 400-01 (lead opinion of Fairhurst, J.), 418 (Chambers, J., concurring). ¶14 The trial court here, as in Eastwood, applied a gross negligence standard to the actions of the board members, although the result, unlike Eastwood, was to find the directors not liable.	1	1
Osorio v. Waterman SS Corp.green lactapp · 1990 · cited in 1 Washington opinions naming this issue, 2005–2005 1 sentence 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co	1	1
Harrison v. Glendel Drilling Co.green lawd · 1988 · cited in 1 Washington opinions naming this issue, 2005–2005 1 sentence 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co	1	1
Workman v. Chinchiniangreen waed · 1992 · cited in 1 Washington opinions naming this issue, 2005–2005 1 sentence 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co	1	1
Truck Insurance Exchange v. Tetzlaffgreen nvd · 1988 · cited in 1 Washington opinions naming this issue, 2005–2005 1 sentence 2005Exchange v. Tetzlaff, 683 F.Supp. 223, 226 (D.Nev.1988) (discussing choice of law between California and Nevada in medical malpractice case). [37] 46 U.S.C.A. app. §§ 761, 762 (2000). [38] Whether other aspects of chapter 7.70 RCW are preempted by DHOSA are issues not before us.	1	1
Williams v. Reissgreen lactapp · 1994 · cited in 1 Washington opinions naming this issue, 2005–2005 2 sentences 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co	1	1
Wood v. Standard Products Co., Inc.green vaed · 1978 · cited in 1 Washington opinions naming this issue, 2005–2005 1 sentence 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Emery v. Milk neutral wash · 1963 2 sentences 2018As one pertinent application of the gross negligence standard, the Nist court discussed its decision in Emery v. Milk, 62 Wn.2d 617 , 384 P.2d 133 (1963), in which the court observed that although the host driver demonstrated a number of the elements of care by driving in her proper lane with her lights on, keeping her car under control, we said that failure to stop at a stop sign and yield the right of way in driving through an obstructed intersection provided evidence of gross negligence, creating an issue of fact for the jury. 67 Wn.2d at 328 . 2018As one pertinent application of the gross negligence standard, the Nist court discussed its decision in Emery v. Milk, 62 Wn.2d 617 , 384 P.2d 133 (1963), in which the court observed that although the host driver demonstrated a number of the elements of care by driving in her proper lane with her lights on, keeping her car under control, we said that failure to stop at a stop sign and yield the right of way in driving through an obstructed intersection provided evidence of gross negligence, creating an issue of fact for the jury. 67 Wn.2d at 328 .	2	2017–2018
Saxe v. Terry green wash · 1926 2 sentences 1930Respondents’ liability to appellant is, under the admitted facts of this case, to be determined by the gross negligence rule, as laid down by this court in the cases of Heiman v. Kloizner, 139 Wash. 655 , 247 Pac. 1034 , Saxe v. Terry, 140 Wash. 503 , 250 Pac. 27 , and many subsequent cases. 1930Respondents’ liability to appellant is, under the admitted facts of this case, to be determined by the gross negligence rule, as laid down by this court in the cases of Heiman v. Kloizner, 139 Wash. 655 , 247 Pac. 1034 , Saxe v. Terry, 140 Wash. 503 , 250 Pac. 27 , and many subsequent cases.	2	1930–1978
Heiman v. Kloizner green wash · 1926 2 sentences 1931Heiman v. Kloizner, 139 Wash. 655 , 247 Pac. 1034 , where the gross negligence rule was first announced, was a case tried to the court, and we were there privileged to pass upon the evidence and to determine as a fact that gross negligence had not been established. 1931Heiman v. Kloizner, 139 Wash. 655 , 247 Pac. 1034 , where the gross negligence rule was first announced, was a case tried to the court, and we were there privileged to pass upon the evidence and to determine as a fact that gross negligence had not been established.	2	1930–1931
John Coomer v. Kansas City Royals Baseball Corporation green mo · 2014 1 sentence 2017Coomer v. Kansas City Royals Baseball Corp., 437 S.W.3d 184 , 193 n.3 (Mo. 2014); Kerns v. Hoppe, 128 Nev. 910 , 381 P.3d 630 (2012); Perez v. McConkey, 872 S.W.2d 897, 904 (Tenn. 1994). ¶44 Since express assumption of risk and inherent peril assumption of risk both result in the bar of the plaintiff’s claim and arise from the plaintiff’s voluntary assumption of risk, one might argue that a gross negligence claim should survive assumption of risk by inherent peril if it survives express assumption of risk.	1	2017–2017
Miller v. Griffin-Alexander Drilling Co. green lawd · 1988 2 sentences 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co	1	2005–2005
Paul v. All Alaskan Seafoods, Inc. green washctapp · 2001 1 sentence 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co	1	2005–2005
Paul v. All Alaskan Seafoods, Inc. green washctapp · 2001 1 sentence 2005Corp., 557 So.2d 999, 1009 (La.App.1990) (court cites Fitzgerald, but ultimately applies a gross negligence standard because that the claim was for punitive damages). [28] 46 U.S.C.A. app. § 183(g) (1996) (emphasis added). [29] Paul, 106 Wash.App. at 418 , 24 P.3d 447 . [30] 643 So.2d 792 (La.App.1994). [31] Id. at 797. [32] Id. at 796. [33] 685 F.Supp. 960 (W.D.La.1988). [34] Id. at 964 ; see also Harrison v. Glendel Drilling Co., 679 F.Supp. 1413, 1420 (W.D.La.1988) (no need for uniform rule for onshore medical treatment of seamen because medical malpractice is a matter of local and state co	1	2005–2005
Dole v. Goebel green wash · 1965 1 sentence 1965Nist v. Tudor, ante p. 322, 407 P.2d 398 (1965) (The driver turned left in front of an oncoming truck); Hansen v. Pauley, ante p. 345, 407 P.2d 811 (1965) (Head-on collision); Dole v. Goebel, ante p. 337, 407 P.2d 807 (1965) (Car in wrong lane).	1	1965–1965
Hansen v. Pauley green wash · 1965 1 sentence 1965Nist v. Tudor, ante p. 322, 407 P.2d 398 (1965) (The driver turned left in front of an oncoming truck); Hansen v. Pauley, ante p. 345, 407 P.2d 811 (1965) (Head-on collision); Dole v. Goebel, ante p. 337, 407 P.2d 807 (1965) (Car in wrong lane).	1	1965–1965
Dinardi v. Herook green mass · 1952 2 sentences 1965For example, Dinardi v. Herook, 328 Mass. 572 , 105 N.E.2d 197 (1952), attempts to separate gross negligence from ordinary negligence in automobile accidents on the basis of the number of seconds that the driver is guilty of inattention by comparing them with instances showing longer periods of inattention. 1965For example, Dinardi v. Herook, 328 Mass. 572 , 105 N.E.2d 197 (1952), attempts to separate gross negligence from ordinary negligence in automobile accidents on the basis of the number of seconds that the driver is guilty of inattention by comparing them with instances showing longer periods of inattention.	1	1965–1965
Dahl v. Moore green wash · 1931 2 sentences 1941This court held in Dahl v. Moore, 161 Wash. 503 , 297 Pac. 218 , and Hart v. Hogan, 173 Wash. 598 , 24 P. (2d) 99 , where the gross negligence rule was involved, that a rider in an automobile was not a guest if his carriage conferred a tangible benefit on the driver and operated to their mutual advantage. 1941This court held in Dahl v. Moore, 161 Wash. 503 , 297 Pac. 218 , and Hart v. Hogan, 173 Wash. 598 , 24 P. (2d) 99 , where the gross negligence rule was involved, that a rider in an automobile was not a guest if his carriage conferred a tangible benefit on the driver and operated to their mutual advantage.	1	1941–1941
Hart v. Hogan green wash · 1933 2 sentences 1941This court held in Dahl v. Moore, 161 Wash. 503 , 297 Pac. 218 , and Hart v. Hogan, 173 Wash. 598 , 24 P. (2d) 99 , where the gross negligence rule was involved, that a rider in an automobile was not a guest if his carriage conferred a tangible benefit on the driver and operated to their mutual advantage. 1941This court held in Dahl v. Moore, 161 Wash. 503 , 297 Pac. 218 , and Hart v. Hogan, 173 Wash. 598 , 24 P. (2d) 99 , where the gross negligence rule was involved, that a rider in an automobile was not a guest if his carriage conferred a tangible benefit on the driver and operated to their mutual advantage.	1	1941–1941
Stewart v. Houk green or · 1928 2 sentences 1936In Stewart v. Houk, 127 Ore. 589 , 271 Pac. 998 , 61 A. L. 1936In Stewart v. Houk, 127 Ore. 589 , 271 Pac. 998 , 61 A. L.	1	1936–1936
Adair v. Newkirk neutral wash · 1928 2 sentences 1931Adair v. Newkirk, 148 Wash. 165 , 268 Pac. 153 , was also tried to the court, and we there determined from the evidence as a fact that gross negligence had been established. 1931Adair v. Newkirk, 148 Wash. 165 , 268 Pac. 153 , was also tried to the court, and we there determined from the evidence as a fact that gross negligence had been established.	1	1931–1931

Where else courts name it

TX 85 (1977–2026) MI 82 (1922–2026) NC 31 (1993–2025) NY 31 (1945–2025) SC 23 (1992–2025) DE 15 (2000–2024) GA 14 (1937–2025) VA 14 (1933–2024) MD 13 (1979–2024) IA 13 (2000–2026) WA 12 (1930–2018) CA 10 (1991–2023) AZ 10 (1970–2026) VT 10 (1995–2024) UT 9 (2008–2025) WI 9 (1973–1995) TN 8 (1935–2024) DC 7 (1994–2025) OR 7 (1985–2016) NJ 6 (1986–2020) FL 6 (1986–2025) MN 5 (1989–2005) PA 5 (1966–2026) CT 5 (1988–2019) LA 4 (1997–2015) KY 3 (1998–2021) MA 3 (1975–2020) AK 2 (2015–2019) CO 2 (2024–2025) NH 2 (1959–1995) MT 2 (1983–2007) RI 2 (1990–2001) OK 2 (2016–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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