Wash. Court of Appeals published opinion — 877933 Order and Opinion.pdf

Citation: Wash. Court of Appeals published opinion — 877933 Order and Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/877933%20Order%20and%20Opinion.pdf ↗

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The parties initially agreed to jury instructions that exactly followed 6A

WASH. PRAC., WASH. PATTERN JURY INSTR. CIV. WPI 330.21 at 345 (7th ed. 2022)

(WPI). That night over email, Danielson asked to replace the word “harassment”

used in the WPI, with “hostile work environment,” which he argued would be less

confusing to the jury. The court agreed and revised the jury instructions over the

hospital’s objection.

“Jury instructions are generally sufficient if they are supported by the

evidence, allow each party to argue its theory of the case, and, when read as a

whole, properly inform the trier of fact of the applicable law.” Helmbreck, 15 Wn.

App. 2d at 57. We review de novo whether a jury instruction correctly states the

law. Taylor v. Intuitive Surgical, Inc., 187 Wn.2d 743, 767, 389 P.3d 517 (2017).

A misleading instruction does not require reversal without proof the instruction was

prejudicial. Keller v. City of Spokane, 146 Wn.2d 237, 249, 44 P.3d 845 (2002). It

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is the party challenging an instruction that bears the burden of establishing

prejudice. Griffin v. W. RS, Inc., 143 Wn.2d 81, 91, 18 P.3d 558 (2001).

The relevant WPI on employment discrimination reads, “Harassment on the

basis of [(describe protected status)] is unlawful [employment] discrimination.”

WPI 330.21 at 345 (emphasis added). The pattern jury instruction on a hostile

work environment reads, in part, “To establish [his] [her] claim of harassment on

the basis of [(describe protected status)], (name of plaintiff) has the burden of

proving each of the following propositions: (1) That there was language or conduct

concerning [(describe the language or conduct related to protected status)]; . . . (3)