Wash. Court of Appeals published opinion — 850661.pdf

Citation: Wash. Court of Appeals published opinion — 850661.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/850661.pdf ↗

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hostile work environment claim to $20,000 based the following SMC provision:

When adhering to the filing requirements of [SMC 4.20.870(A)], the
Cooperating Employee injured by any retaliation in violation of this
chapter shall have a civil action in a court of competent jurisdiction
to enjoin further retaliation, or to recover the actual damages
sustained by the person, or both. Remedies for damages include the
cost of suit including reasonable attorneys’ fees, without limitation;
emotional distress damages not to exceed $20,000; and any other
appropriate remedy authorized by this chapter, without limitation.

SMC 4.20.870(B). In response, Sgt. Hockett argues SPD has waived this

argument by failing to object to wording of a jury instruction and the verdict form.

We conclude that SPD has waived this argument, and we also reject its argument

on the merits.

A

We may “refuse to review any claim of error which was not raised in the trial

court.” RAP 2.5(a). Before reading jury instructions to the jury, the trial court shall

afford each party “an opportunity . . . to make objections to the giving of any

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85066-1-I

instruction and the refusal to give a requested instruction.” CR 51(f). “The objector

shall state distinctly the matter to which counsel objects and the grounds of

counsel’s objection, specifying the number, paragraph or particular part of the

instruction to be given or refused and to which objection is made.” Id. A party who

fails to object to jury instructions waives the issue on appeal. Hudson v. United

Parcel Serv., Inc., 163 Wn. App. 254, 268-69, 258 P.3d 87 (2011). As to the verdict