Allyn v. Boe

CourtWashington Supreme Court
CitationAllyn v. Boe, 958 P.2d 315, 134 Wn.2d 1020 (Wash. 1998)
Decision Date05 May 1998
PartiesRichard J. Allyn, Winifred Allyn v. Gordon Boe, Beverlee Boe, Myron Struck, Karin Struck, Chris Struck, Jane Doe Struck, Gordon Boe Construciton NO. 66211-8

Petition For Review: Denied.

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7 cases
  • In re Detention of Broten
    • United States
    • Washington Supreme Court
    • November 15, 2005
    ... ... But litigants are entitled to a fair trial, not a perfect one. McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 553, 104 S.Ct. 845, 78 L.Ed.2d 663 (1984). A juror's failure to speak during voir dire regarding a material fact can amount to juror misconduct. Allyn v. Boe, 87 Wash.App. 722, 729, 943 P.2d 364 (1997), review denied, 134 Wash.2d 1020, 958 P.2d 315 (1998). The United States Supreme Court has held that to obtain a new trial in such a situation, a party must prove (1) that "a juror failed to answer honestly a material question on voir dire" and (2) ... ...
  • Hill v. Cox
    • United States
    • Washington Court of Appeals
    • February 26, 2002
    ... ... Sherrell v. Selfors, 73 Wash.App. 596, 602, 871 P.2d 168, review denied, 125 Wash.2d 1002, 886 P.2d 1134 (1994). For example, lost profits may be recovered for injury to Christmas trees intended to be sold at a market price. Allyn v. Boe, 87 Wash.App. 722, 732, 943 P.2d 364 (1997), review denied, 134 Wash.2d 1020, 958 P.2d 315 (1998). The measure of damage for loss of residential or ornamental trees is restoration or replacement cost. Id.; Birchler, 133 Wash.2d at 111-12, 942 P.2d 968 ... Trees functioning as a buffer ... ...
  • ASHWORTH v. SNYDER
    • United States
    • Washington Court of Appeals
    • March 11, 1999
    ...or argued in the trial court will not be considered on appeal. Allyn v. Boe, 87 Wn. App. 722, 731, 943 P.2d 1141 (1997), review denied, 134 Wn.2d 1020 (1998); see RAP 2.5(a). Although Ms. Snyder and Mr. Challinor did not raise the issue in their written motions for reconsideration, their tr......
  • Mojarrad v. Walden
    • United States
    • Washington Court of Appeals
    • December 19, 2016
    ... ... Sabey , 101 Wn. App. at 592-93. Under the discovery rule, the statute of limitations does not begin to run until a plaintiff discovers or reasonably could have discovered all the essential elements of the cause of action. See Allyn v. Boe , 87 Wn. App. 722, 943 P.2d 364 (1997). review denied , 134 Wn.2d 1020 (1998). Negligent misrepresentation         The essential elements of the tort of negligent misrepresentation in Washington are (1) the defendant supplied information for the guidance of others in their ... ...
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5 books & journal articles
  • Table of Cases
    • United States
    • Washington State Bar Association Washington Civil Procedure Deskbook (WSBA) Table of Cases
    • Invalid date
    ...149 Wn.2d 1028 (2003): 2A.7(4), 2A.7(7), 9.6(7)(d), 54.6(4)(b), 58.6(7) Allyn v. Boe, 87 Wn.App. 722, 943 P.2d 364 (1997), review denied, 134 Wn.2d 1020 (1998): 47.7(1), 59.5(2)(i), 59.6(3)(b), 59.7(2), 59.7(3) Alpine Indus., Inc. v. Gohl, 30 Wn.App. 750, 637 P.2d 998 (1981), review denied,......
  • § 8.4 - Timberland and Neighbors
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 3: Real Property Interests & Duties of Third Parties (WSBA) Chapter 8 Timber and Timberlands
    • Invalid date
    ...as discussed more fully below, the measure of damages may vary. See Allyn v. Boe, 87 Wn.App. 722, 943 P.2d 364 (1997), review denied, 134 Wn.2d 1020 (1998); see also Henriksen v. Lyons, 33 Wn.App. 123, 652 P.2d 18 (1982), review denied, 99 Wn.2d 1001 Although discussed in greater detail bel......
  • Table of Cases
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 3: Real Property Interests & Duties of Third Parties (WSBA) Table of Cases
    • Invalid date
    ...18.4(8) Allper, In re, 94 Wn.2d 456, 617 P.2d 982 (1980): 17.2(2)(b) Allyn v. Boe, 87 Wn. App. 722, 943 P.2d 364 (1997), review denied, 134 Wn.2d 1020 (1998): 8.4(1) Am. Nursery Prods., Inc. v. Indian Wells Orchards, 115 Wn.2d 217, 797 P.2d 477 (1990): 18.4(8) Am. Smelting & Refining Co. v.......
  • §59.6 Analysis
    • United States
    • Washington State Bar Association Washington Civil Procedure Deskbook (WSBA) Chapter 59 Rule 59.New Trial, Reconsideration, and Amendment of Judgments
    • Invalid date
    ...of discretion is present and the rulings are subject to de novo review. Allyn v. Boe, 87 Wn.App. 722, 729, 943P.2d364, review denied, 134 Wn.2d 1020 (1997); McCoy, 163 Wn.App. at 758. RCW 4.76.030 expressly provides de novo review of rulings granting additur and remittitur and requires that......
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