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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personal indignity, and loss of enjoyment of life. In light of SPD’s failure to object

to the jury instruction and verdict form and propose a clarifying special verdict form

that separated out “emotional distress damages,” SPD’s corresponding argument

is waived. Collings v. City First Mort. Servs., LLC, 177 Wn. App. 908, 924, 317 P.3d

1047 (2013) (“remand for a new trial is required only if the defendant objected to

the use of a general verdict and proposed a clarifying special verdict form”).

SPD’s arguments against waiver are unpersuasive. Although SPD

submitted a proposed instruction no. 34 which read, “If your verdict is in favor of

Plaintiff on the claim of whistleblower retaliation, non-economic damages

(emotional distress damages) may not exceed $20,000,” SPD voluntarily withdrew

this instruction before the trial court read the final instructions to the jury.

Moreover, SPD concedes on appeal that it “does not assign error to Instruction No.

30.” Thus, we find waiver and decline to grant substantive relief (such as a remand

to determine “emotional distress damages”) on this basis.

B

Waiver notwithstanding, the trial court did not abuse its discretion in denying

SPD’s motion because the damages cap in SMC 4.20.870(B) did not require the

trial court to reduce the damages award on claim 4 to $20,000. The plain language

of the ordinance states that (1) a prevailing plaintiff may recover their “actual

damages” and (2) the “[r]emedies for damages” include “emotional distress

damages not to exceed $20,000[] and any other appropriate remedy authorized by

this chapter, without limitation.” SMC 4.20.870(B) (emphasis added). Read

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