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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are no “fixed standards by which to measure” these damages. By failing to object

to this instruction, SPD effectively waived its argument that Sgt. Hockett’s recovery

for emotional distress damages—one of the nine categories of emotional harm

damages—cannot exceed $20,000.

Second, SPD failed to object to the wording of the Special Verdict Form with

respect to Sgt. Hockett’s fourth claim for hostile work environment, which only

asked two questions: (1) whether Sgt. Hockett “prove[d] his Hostile Work

Environment Claim” and (2) if yes, “what is the amount of the damages suffered

by Sgt. Hockett?” The answer line for the second question simply asked the jury

to determine “Damages.” This language does not comport with SPD’s reading of

SMC 4.20.870(B) because it does not advise the jury that (1) it must segregate

damages for “emotional distress” from the eight other categories of non-economic

damages and (2) any award of “emotional distress damages” cannot exceed

$20,000.

The combination of this instruction and verdict form also makes it unclear

whether and to what extent the jury’s award of $1 million on Hockett’s hostile work

environment claim consisted of damages for “emotional distress” as opposed to

damages for the eight other categories of non-economic damages. The trial court

similarly recognized the impossibility of imposing a $20,000 cap on the “emotional

distress” damages awarded by the jury given its undifferentiated verdict. The court

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

also noted that Sgt. Hockett produced enough evidence for the jury to award him

$1 million based on the other categories of “emotional harm,” such as humiliation,