Monday, April 21, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.
Divisions One of the Court of Appeals filed 4 new published opinions on Monday, April 21, 2014:
1. Alaska Structures, Inc. v. Hedlund No. 69349-2 (April 21, 2014) 2014 Wash. App. LEXIS 933 (lexis.com)
2014 Wash. App. LEXIS 933 (Lexis Advance)
Areas: BUSINESS AND COMMERCIAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: Plaintiff brought an action against defendant for violating a confidentiality agreement. The gravamen of the complaint is not whether there was a violation of defendant's free speech rights, but rather, whether the parties' contract was violated. Because this is a private contractual matter, the anti-SLAPP statute does not apply.
2. Spratt v. Toft
No. 70505-9 (April 21, 2014) 2014 Wash. App. LEXIS 936 (lexis.com)
2014 Wash. App. LEXIS 936 (Lexis Advance)
Areas: GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: For purposes of the anti-SLAPP statute, campaigning and speech connected to a political campaign and candidate clearly involve free speech and clearly are matters of public concern.
3. State v. Mecham No. 69613-1 (April 21, 2014) 2014 Wash. App. LEXIS 934 (lexis.com)
2014 Wash. App. LEXIS 934 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: Admitting defendant's refusal to perform a field sobriety test as evidence of guilt did not violate Const. art. I, section 7 and the Fourth Amendment because the field sobriety test did not constitute an unreasonable search and there was no constitutional right for defendant to refuse the test. 4. Jewels v. City of Bellingham No. 69358-1 (April 21, 2014) 2014 Wash. App. LEXIS 932 (lexis.com)
2014 Wash. App. LEXIS 932 (Lexis Advance)
Areas: PERSONAL INJURY AND INSURANCE LAW; PROPERTY AND LAND USE LAW
Brief: The unpainted extension of a speed bump that plaintiff hit while riding his bicycle was not a “known dangerous artificial latent condition” under the recreational land use statute, RCW 4.24.210, because he failed to show that the defendant had actual knowledge of the injury-causing condition.
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