determining standard (Washington) · Go Syfert
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determining standard in Washington

10 Washington opinions name it 2 courts 1937–2020 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 (5)

CaseFollowedCited
Evans v. Thompsongreen
wash · 1994 · cited in 2 Washington opinions naming this issue, 2017–2017
2 sentences

2017Evans, 124 Wn.2d at 444 (determining there was a genuine question of material fact as to the husband’s immunity because he did not show his actual duties to the corporation or to the particular event); Olson, 65 Wn.2d at 877 (holding that the tortfeasor was not entitled to immunity for two reasons: (1) the parking lot was not covered by worker’s compensation statutes and (2) “he was neither ‘acting at his employer’s direction’ nor ‘in the furtherance of his employer’s business’ ”—the employee had finished his day’s work, he had completed his tasks for the day, and he was driving home (quoting

2017Evans, 124 Wn.2d at 444 (determining there was a genuine question of material fact as to the husband's immunity because he did not show his actual duties to the corporation or to the particular event); Olson, 65 Wn.2d at 877 (holding that the tortfeasor was not entitled to immunity for two reasons: (1) the parking lot was not covered by worker's compensation statutes and (2) "he was neither 'acting at his employer's direction' nor 'in the furtherance of his employer's business"'-the employee had finished his day's work, he completed his tasks for the day, and he was driving home (quoting RCW 5

22
Olson v. Sterngreen
wash · 1965 · cited in 2 Washington opinions naming this issue, 2017–2017
2 sentences

2017Evans, 124 Wn.2d at 444 (determining there was a genuine question of material fact as to the husband’s immunity because he did not show his actual duties to the corporation or to the particular event); Olson, 65 Wn.2d at 877 (holding that the tortfeasor was not entitled to immunity for two reasons: (1) the parking lot was not covered by worker’s compensation statutes and (2) “he was neither ‘acting at his employer’s direction’ nor ‘in the furtherance of his employer’s business’ ”—the employee had finished his day’s work, he had completed his tasks for the day, and he was driving home (quoting

2017Evans, 124 Wn.2d at 444 (determining there was a genuine question of material fact as to the husband's immunity because he did not show his actual duties to the corporation or to the particular event); Olson, 65 Wn.2d at 877 (holding that the tortfeasor was not entitled to immunity for two reasons: (1) the parking lot was not covered by worker's compensation statutes and (2) "he was neither 'acting at his employer's direction' nor 'in the furtherance of his employer's business"'-the employee had finished his day's work, he completed his tasks for the day, and he was driving home (quoting RCW 5

22
State v. Franklingreen
washctapp · 1986 · cited in 2 Washington opinions naming this issue, 1993–1994
2 sentences

1994Franklin, 46 Wn.

1993See State v. Franklin, 46 Wn.

12
Taylor v. Cadygreen
washctapp · 1977 · cited in 1 Washington opinions naming this issue, 2017–2017
1 sentence

2017Evans, 124 Wn.2d at 444 (determining there was a genuine question of material fact as to the husband’s immunity because he did not show his actual duties to the corporation or to the particular event); Olson, 65 Wn.2d at 877 (holding that the tortfeasor was not entitled to immunity for two reasons: (1) the parking lot was not covered by worker’s compensation statutes and (2) “he was neither ‘acting at his employer’s direction’ nor ‘in the furtherance of his employer’s business’ ”—the employee had finished his day’s work, he had completed his tasks for the day, and he was driving home (quoting

11
Charbonneau v. MacRurygreen
· 1931 · cited in 1 Washington opinions naming this issue, 1978–1978
2 sentences

1978Ct. App. 1971) (wherein the court affirmed the trial court's determination that an 8 1/2-year old child was not capable of negligence; the court stated that the standard of care applicable was that of children of the same age, intelligence, etc.); see also Charbonneau v. MacRury, 84 N.H. 501 , 153 A. 457 , 73 A.L.R. 1266 (1931) (the court in determining the standard of care applicable to a minor driving a motor vehicle stated: The understanding of this court that the general standard of care governing the conduct of adults, namely, reasonable care under all the circumstances, applies as well t

1978Ct. App. 1971) (wherein the court affirmed the trial court's determination that an 8 1/2-year old child was not capable of negligence; the court stated that the standard of care applicable was that of children of the same age, intelligence, etc.); see also Charbonneau v. MacRury, 84 N.H. 501 , 153 A. 457 , 73 A.L.R. 1266 (1931) (the court in determining the standard of care applicable to a minor driving a motor vehicle stated: The understanding of this court that the general standard of care governing the conduct of adults, namely, reasonable care under all the circumstances, applies as well t

11

Distinguished, questioned or overruled (2)

CaseNegativeCited
Overlock v. Ruedemanngreen
conn · 1960 · cited in 1 Washington opinions naming this issue, 1978–1978
2 sentences

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

11
Daniels v. Evansgreen
nh · 1966 · cited in 1 Washington opinions naming this issue, 1978–1978
2 sentences

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

11

Also cited on this issue (10)

CaseCitedYears
Herzog v. Foster & Marshall, Inc. green
washctapp · 1989
1 sentence

2020Id. at 442-43 .

12020–2020
State v. Johnson green
wash · 1986
1 sentence

2017We disagree. 2 105 Wn.2d at 97-98 . 7 No. 34441-0-III State v. Kamps No authority supports the proposition that a waiver occurs prior to a court determining that a waiver has occurred. 3 Here, Mr. Kamps twice failed to appear after being ordered to show up in court, resulting in the issuance of bench warrants for his arrest.

12017–2017
King v. City of Seattle green
wash · 1974
2 sentences

1989Determining factors in resolving an issue of "legal causation" have been *385 described as "mixed considerations of logic, common sense, justice, policy, and precedent." King v. Seattle, 84 Wn.2d 239, 250 , 525 P.2d 228 (1974) (quoting 1 T.

1989Determining factors in resolving an issue of "legal causation" have been *385 described as "mixed considerations of logic, common sense, justice, policy, and precedent." King v. Seattle, 84 Wn.2d 239, 250 , 525 P.2d 228 (1974) (quoting 1 T.

11989–1989
Hoke v. Atlantic Greyhound Corp. green
nc · 1946
2 sentences

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

11978–1978
Rines v. Rines green
nh · 1951
2 sentences

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

11978–1978
Bear v. Auguy green
neb · 1957
2 sentences

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

1978Charbonneau v. MacRury, supra at 511); but see Daniels v. Evans, 107 N.H. 407, 408 , 224 A.2d 63 (1966) (wherein the court, after citing Charbonneau v. MacRury, supra, as authority that the standard of care applicable to a minor includes consideration of the minor's age, experience and wisdom "when engaged in activities appropriate to . . . [the minor's] age, experience and wisdom" went on to hold that a minor operating a motor vehicle was held to the standard of care of an adult). 3 See Overlock v. Ruedemann, 147 Conn. 649 , 165 A.2d 335 (1960); Rines v. Rines, 97 N.H. 55 , 80 A.2d 497 (1951)

11978–1978
Wills v. Wills green
wash · 1957
1 sentence

1957Thus, in Wills v. Wills, 50 Wn. (2d) 439, 312 P. (2d) 661 (decided after the instant case was argued), we held that, in the absence of significant statutory factors or equities, property which had been characterized definitely by the trial court as community property should be divided more equally than one third to one party and two thirds to the other party to the divorce.

11957–1957
Kolbe v. Kolbe green
wash · 1908
2 sentences

1957(See Patrick v. Patrick, supra, and cases cited therein; Kolbe v. Kolbe, 50 Wash. 298 , 97 Pac. 236 .) The determining factors or equities may vary from case to case, dependent upon facts and circumstances.

1957(See Patrick v. Patrick, supra, and cases cited therein; Kolbe v. Kolbe, 50 Wash. 298 , 97 Pac. 236 .) The determining factors or equities may vary from case to case, dependent upon facts and circumstances.

11957–1957
Anderson v. Hilker neutral
wash · 1905
2 sentences

1937Anderson v. Hilker, 38 Wash. 632 , 80 Pac. 848 ; Peterson v. Arland, 79 Wash. 679 , 141 Pac. 63 .

1937Anderson v. Hilker, 38 Wash. 632 , 80 Pac. 848 ; Peterson v. Arland, 79 Wash. 679 , 141 Pac. 63 .

11937–1937
Peterson v. Arland green
wash · 1914
2 sentences

1937Anderson v. Hilker, 38 Wash. 632 , 80 Pac. 848 ; Peterson v. Arland, 79 Wash. 679 , 141 Pac. 63 .

1937Anderson v. Hilker, 38 Wash. 632 , 80 Pac. 848 ; Peterson v. Arland, 79 Wash. 679 , 141 Pac. 63 .

11937–1937

Where else courts name it

CA 47 (1946–2026) TX 42 (1928–2020) PA 26 (1922–2020) AL 21 (1890–2025) LA 19 (1912–2021) IL 18 (1911–2002) NY 15 (1905–2021) ID 10 (1911–2011) WA 10 (1937–2020) IN 7 (1924–2023) FL 7 (1962–2010) MO 6 (1985–2002) MS 6 (1954–1986) SD 6 (1976–2016) HI 6 (1994–2021) TN 5 (1913–2009) OR 5 (1946–2024) OH 5 (1998–2019) OK 5 (1991–2019) CT 5 (1993–2006) MI 5 (1925–2024) AZ 4 (1983–2019) NE 4 (1939–2000) NJ 4 (1974–2013) VA 4 (2005–2023) SC 4 (1936–2006) MD 4 (2001–2014) VT 3 (1986–2004) MA 3 (1953–1975) WV 3 (1934–2013) NC 2 (1947–1968) KS 2 (1940–1962) NV 2 (1972–2009) GA 2 (1995–2013) CO 2 (1980–1998) KY 2 (1935–1938) WI 2 (1963–1968) WY 2 (2017–2020)

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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