10 results for 'judge:"Mann"'.
J. Mann finds that the lower court improperly found in favor of a university after a former employee says she was fired and passed up for a promotion because of her gender. There is testimony on the record that there was an environment of gender stereotypes and favoritism towards her male colleagues, as well as the fact that two positions opened up after she was fired that were both filled by men, that give rise to a genuine issue of fact as to whether she was treated differently because of her gender. Reversed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: April 22, 2024, Case #: 84592-6-I, Categories: Employment, Employment Discrimination
J. Mann finds the lower court improperly refused to submit a jury instruction supporting the hospital's theory of the case. A test conducted at an emergency room showed a patient's blood sodium level to be low. Still, the doctor missed the abnormality and sent the patient home with instructions to see her family doctor and a gastroenterologist for abdominal pain. Two weeks later, the patient collapsed and suffered a head wound. The patient successfully sued the hospital and doctor for failure to diagnose her with low blood sodium levels. The defense offered superseding-cause instructions and also one telling the jurors that if the injuries could have resulted from multiple possible causes, at least one of which wasn’t the doctor’s fault, and they couldn’t ascertain which one was the cause, they had to return a defense verdict. The offered instruction was a correct statement of the law and was supported by more than a scintilla of evidence. Reversed.
Court: Virginia Supreme Court, Judge: Mann, Filed On: April 4, 2024, Case #: 230199 , Categories: Jury, Due Process, Medical Malpractice
J. Mann finds that the lower court misinterpreted the language of new permit rules set out by the state regarding stormwater runoff. The lower court found that the permit rules, which state that transportation facilities must obtain coverage under the stromwater runoff permit, only apply to "limited portions of the covered transportation facilities." But that interpretation does not take into consideration a broader reading of the rules' language, and when taken together, the permit rules make it clear that the rules apply to an entire transportation facility. Reversed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: March 18, 2024, Case #: 85665-1-I, Categories: Environment, Transportation
J. Mann finds the lower court properly denied the motion to suppress an out-of-court identification and the subsequent in-court identification. A masked man attempted to rob a man and his son, but the man grabbed the gun when he noticed by the size of its barrel that it was a BB gun. The responding police officer, after hearing the masked man was skinny, young, Caucasian, and brown-eyed, showed the victim a photo of a light-skinned Latino resident who lived in the area, and the man immediately recognized him as the assailant. The officer’s comment acknowledged that he was unsure about his suspicion of the light-skinned man and had only provided the photograph of him because the officer believed he roughly matched the description given by the victim. The officer’s comments did not create circumstances that induced the victim to inevitably identify the light-skinned man. Affirmed.
Court: Virginia Supreme Court, Judge: Mann, Filed On: February 8, 2024, Case #: 220445, Categories: Evidence, Robbery, Due Process
J. Mann finds that the lower court properly issued a restitution order against defendant stemming from his conspiracy to commit murder and firearm possession convictions following a home robbery that resulted in the death of one person. Sentencing courts have broad discretion in their ability to order that a defendant must pay restitution to the victims or families of the victims in a case such as this, and the lower court's decision to issue such an order against defendant was not a violation of that discretion. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: November 13, 2023, Case #: 84536-5-I, Categories: Firearms, Sentencing, Conspiracy
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J. Mann finds that the lower court properly terminated the parental rights of a mother. The mother did not participate in treatments for her substance abuse and there was evidence on the record that the children were "insecure and unstable" with her. The lower court did all it needed to do as part of their reunification efforts, but ultimately the termination order was in the best interest of the children. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: September 18, 2023, Case #: 83810-5-I, Categories: Family Law
J. Mann finds that the lower court properly dismissed a suit against a series of casino employees who were present during an altercation at the casino parking lot that resulted in the death of an individual. The estate of the decedent says the employees owed a duty to protect the individual and that the lower court improperly tossed the suit based on tribal sovereign immunity. While it's true that the case should not have been dismissed on the tribal immunity grounds, the dismissal was ultimately proper because there was no special relationship between decedent and the casino employees that gave them a duty to intervene. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: September 6, 2023, Case #: 84359-1-I, Categories: Native Americans, Negligence
J. Mann finds that the lower court properly convicted defendant of assault. Defendant claims that the prosecutors in the case improperly made a "generic tailoring" argument that allowed the jury to make adverse inferences based on defendant's right to represent himself during trial. While this argument was improper, defendant's failure to object to it during trial waives his claims. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: August 21, 2023, Case #: 83589-1-I, Categories: Criminal Procedure, Prosecutorial Misconduct, Assault
[Consolidated.] J. Mann finds that the lower court properly denied defendant's request for an unconditional release trial after he was civilly committed under the sexually violent predator act and later deemed to still meet the definition of a sexually violent predator. The expert testimonies used to come to these conclusions were proper and his due process rights have not been violated due to the state following the annual review process to ensure that he is still determined to be mentally dangerous. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: August 14, 2023, Case #: 82912-2-I, Categories: Commitment
J. Mann finds that the lower court properly dismissed claims against an individual who was injured on the job and named a subcontracting company as a possible employer for her industrial insurance benefits. The company sued her with claims that by doing so, she broke an agreement that the company claimed waived her right to those benefits. But the law does not allow for employers to execute an agreement that waives those benefits, so the claims were without standing. The woman is awarded attorney fees on appeal. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: May 22, 2023, Case #: 83748-6-I, Categories: Employment, Insurance, Attorney Fees