Tuesday, April 29, 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.
Division Two of the Court of Appeals filed 3 new published opinions and Division Three filed no new published opinions on Tuesday, April 29, 2014:
1. Sutton v. Tacoma Sch. Dist. No. 10 No. 43962-0 (April 29, 2014) 2014 Wash. App. LEXIS 1049 (lexis.com)
2014 Wash. App. LEXIS 1049 (Lexis Advance)
Areas: PERSONAL INJURY AND INSURANCE LAW
Brief: Plaintiff appealed an order granting summary judgment to defendants, a school district and an instructor, on her claims for assault, battery, and outrage arising from the instructor's alleged conduct toward plaintiff's granddaughter, arguing that questions of fact exist regarding the claims where the instructor, the granddaughter's first grade teacher, allegedly berated the granddaughter in a loud voice while towering over her and physically bumping her until she was pinned against a wall. The Court of Appeals reverses the trial court's grant of summary judgment on the battery and assault claims because questions of fact exist as to whether the instructor's alleged conduct was intended to cause both offensive contact with the granddaughter and her apprehension of such contact. But the court affirms the trial court's grant of summary judgment on the outrage claim because although there was evidence of outrageous conduct and intent to cause emotional distress, plaintiff failed to present evidence creating a question of fact as to whether the granddaughter actually suffered severe emotional distress as a result of the alleged conduct.
2. Greenhalgh v. Dep't of Corr. No. 44222-1 (April 29, 2014) 2014 Wash. App. LEXIS 1050 (lexis.com)
2014 Wash. App. LEXIS 1050 (Lexis Advance)
Areas: CRIMINAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: The superior court did not err in dismissing the inmates' claims regarding the Department of Corrections' (DOC) storage of unauthorized clothing in prison. There is no statutory requirement that DOC store all inmate property, the inmates were not subject to illegal forfeiture of their property, and DOC gave them adequate due process.
3. State v. Owens No. 43702-3 (April 29, 2014) 2014 Wash. App. LEXIS 1051 (lexis.com)
2014 Wash. App. LEXIS 1051 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: In a prosecution for unlawful display of a weapon, the district court did not err in declining to give the proposed jury instruction; the "in his or her place of abode" exception under RCW 9.41.270(3)(a) was inapplicable because defendant displayed the rifle outside his home in the backyard. Further, RCW 9.41.270(3)(a) is not unconstitutionally vague; nor is it unconstitutional as applied because the facts of the case do not implicate the privacy protections of the Fourth Amendment or the right to bear arms under the Second Amendment.
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