applicability of the discovery rule (Washington) · Go Syfert
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applicability of the discovery rule in Washington

7 Washington opinions name it 2 courts 1969–2018 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Washington.

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 (6)

CaseCitedYears
Allen v. State green
wash · 1992
2 sentences

2016Allen, 118 Wn.2d at 760 . ¶34 The essential elements of a cause of action for negligence are (1) the existence of a duty owed to the plaintiff, (2) breach of that duty, (3) resulting injury, and (4) a proximate cause between the alleged breach and resulting injury.

2016Allen, 118 Wn.2d at 760 . 10 No. 73206-4-1/11 The essential elements of a cause of action for negligence are (1) the existence of a duty owed to the plaintiff, (2) breach of that duty, (3) resulting injury, and (4) a proximate cause between the alleged breach and resulting injury.

32014–2016
Hibbard v. Gordon, Thomas, Honeywell, Malanca & O'Hern green
wash · 1992
1 sentence

2018Allen, 118 Wn.2d at 760 .

12018–2018
Hermann v. Merrill Lynch, Pierce, Fenner & Smith, Inc. green
washctapp · 1977
1 sentence

1993App. 626, 630 , 564 P.2d 817 (1977) (whether the evidence supports plaintiff's claim that the fiduciary relationship was a continuing one, so that the statute of limitation is tolled until the relationship is terminated, is a question for the trier of fact). 12 Although the trial court entered no conclusions of law determining the applicability of the discovery rule, finding of fact 44 states: At least until notice of the termination of the Gillespie family's fiduciary relationship with the Bank in late November of 1987, the Gillespie family members neither knew nor should they reasonably have

11993–1993
Gazija v. Nicholas Jerns Co. green
wash · 1975
2 sentences

1989Statutes of repose are designed to avoid placing undue burdens on potential defendants by limiting the applicability of the discovery rule; liability attaches only for those causes of action that accrue within a certain period of time after the defendant has acted. [3] See Gazija v. Nicholas Jerns Co., 86 Wn.2d 215 , 222 & n. 2, 543 P.2d 338 (1975); RCW 4.16.310.

1989Statutes of repose are designed to avoid placing undue burdens on potential defendants by limiting the applicability of the discovery rule; liability attaches only for those causes of action that accrue within a certain period of time after the defendant has acted. [3] See Gazija v. Nicholas Jerns Co., 86 Wn.2d 215 , 222 & n. 2, 543 P.2d 338 (1975); RCW 4.16.310.

11989–1989
Frohs v. Greene green
or · 1969
1 sentence

1969If the discovery rule laid down in Ruth v. Dight, 75 Wn.2d 660 , 453 P.2d 631 (1969) is correct then Frohs v. Greene, supra, points out with respect to an Oregon statute of limitations similar to our own: On a theoretical basis it is impossible to justify the applicability of the discovery rule to one kind of malpractice and not to another.

11969–1969
Ruth v. Dight red
wash · 1969
2 sentences

1969If the discovery rule laid down in Ruth v. Dight, 75 Wn.2d 660 , 453 P.2d 631 (1969) is correct then Frohs v. Greene, supra, points out with respect to an Oregon statute of limitations similar to our own: On a theoretical basis it is impossible to justify the applicability of the discovery rule to one kind of malpractice and not to another.

1969If the discovery rule laid down in Ruth v. Dight, 75 Wn.2d 660 , 453 P.2d 631 (1969) is correct then Frohs v. Greene, supra, points out with respect to an Oregon statute of limitations similar to our own: On a theoretical basis it is impossible to justify the applicability of the discovery rule to one kind of malpractice and not to another.

11969–1969

Statutes the citing opinions construe

WA § Wash. Rev. Code § 4.16.080 (3)

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

TX 60 (1977–2026) IL 22 (1970–2022) PA 15 (1980–2025) UT 15 (2004–2018) WA 7 (1969–2018) NH 6 (1983–2019) MS 6 (2001–2020) MD 6 (1978–2016) OH 6 (1983–2023) TN 5 (2001–2020) AK 4 (1984–1991) NJ 3 (1976–2010) IA 3 (1979–1998) WV 3 (1997–2018) OR 2 (1994–2013) IN 2 (2003–2016) NE 2 (1998–2005) OK 2 (2016–2016) ND 2 (2010–2023) NM 2 (1998–1998) CA 2 (1977–1991) RI 2 (1992–2011)

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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