should give instruction (Washington) · Go Syfert
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should give instruction in Washington

12 Washington opinions name it 1 courts 2006–2024 1 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 (1)

CaseFollowedCited
Tuttle v. Allstate Ins. Co.green
washctapp · 2006 · cited in 2 Washington opinions naming this issue, 2007–2024
2 sentences

2024App. 120, 131 , 138 P.3d 1107 (2006) (“[I]f the evidence is conflicting as to whether the doctrine applies, the court should give the instruction.”).

2007Tuttle, 134 Wash.App. at 131 , 138 P.3d 1107 (citing Bell v. Wheeler, 14 Wash.App. 4, 6 , 538 P.2d 857 (1975)). ¶ 27 Ms. Kappelman claims the instruction was not appropriate here because Mr. Lutz created the emergency by his own negligence.

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
State v. Hughes green
wash · 1986
2 sentences

2019State v. Hughes, 106 Wn.2d 176, 191 , 721 P.2d 902 (1986).

2019State v. Hughes, 106 Wn.2d 176, 191 , 721 P.2d 902 (1986).

42018–2019
Bell v. Wheeler neutral
washctapp · 1975
2 sentences

2007Tuttle, 134 Wash.App. at 131 , 138 P.3d 1107 (citing Bell v. Wheeler, 14 Wash.App. 4, 6 , 538 P.2d 857 (1975)). ¶ 27 Ms. Kappelman claims the instruction was not appropriate here because Mr. Lutz created the emergency by his own negligence.

2007Tuttle, 134 Wash.App. at 131 , 138 P.3d 1107 (citing Bell v. Wheeler, 14 Wash.App. 4, 6 , 538 P.2d 857 (1975)). ¶ 27 Ms. Kappelman claims the instruction was not appropriate here because Mr. Lutz created the emergency by his own negligence.

32006–2007
Fergen v. Sestero green
wash · 2015
2 sentences

2019Fergen, 182 Wn.2d at 803 .

2019Fercien, 182 Wn.2d at 808 .

22019–2019
Tuttle v. Allstate Insurance green
washctapp · 2006
2 sentences

2007Tuttle, 134 Wash.App. at 131 , 138 P.3d 1107 (citing Bell v. Wheeler, 14 Wash.App. 4, 6 , 538 P.2d 857 (1975)). ¶ 27 Ms. Kappelman claims the instruction was not appropriate here because Mr. Lutz created the emergency by his own negligence.

2007Tuttle, 134 Wn.

22007–2007
Trudeau v. Sina Contracting Co. Inc. green
minn · 1954
2 sentences

2024Notably, as recognized by our Supreme Court, this instruction does not alter the underlying standard of care: “‘[t]he so-called emergency rule is but a special application of the general standard of reasonable care.’” Sandberg, 46 Wn.2d at 783 (quoting Trudeau v. Sina Contracting Co., 241 Minn. 79, 84 , 62 N.W.2d 492 (1954) (citing W ILLIAM L.

2024Notably, as recognized by our Supreme Court, this instruction does not alter the underlying standard of care: “‘[t]he so-called emergency rule is but a special application of the general standard of reasonable care.’” Sandberg, 46 Wn.2d at 783 (quoting Trudeau v. Sina Contracting Co., 241 Minn. 79, 84 , 62 N.W.2d 492 (1954) (citing W ILLIAM L.

12024–2024
Sandberg v. Spoelstra green
wash · 1955
1 sentence

2024Notably, as recognized by our Supreme Court, this instruction does not alter the underlying standard of care: “‘[t]he so-called emergency rule is but a special application of the general standard of reasonable care.’” Sandberg, 46 Wn.2d at 783 (quoting Trudeau v. Sina Contracting Co., 241 Minn. 79, 84 , 62 N.W.2d 492 (1954) (citing W ILLIAM L.

12024–2024
State v. Redmond green
wash · 2003
1 sentence

2020The court should give the instruction “when sufficient evidence is presented to support it.” Redmond, 150 Wn.2d at 493 .

12020–2020

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 12 (2006–2024) CA 8 (1989–2022) OK 4 (1952–2021) OH 3 (2005–2016) KS 3 (1985–2025) KY 3 (1913–1948) AZ 2 (1987–1996) IL 2 (1901–2022) IN 2 (1990–1998) CT 2 (2009–2011) TX 2 (1987–2019) TN 2 (1994–2002)

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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