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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SEATTLE POLICE DEPARTMENT and
CITY OF SEATTLE,

Appellants.

FELDMAN, J. — A jury found the Seattle Police Department and the City of

Seattle (collectively, SPD) liable for negligently exposing their employee, Sergeant

David Hockett, to car exhaust containing carbon monoxide (CO) in the workplace,

failing to accommodate his disability or impairment under the Washington Law

Against Discrimination, ch. 49.60 RCW (WLAD), and retaliating against him for

reporting his concerns about car exhaust by creating a hostile work environment

in violation of the Seattle Municipal Code (SMC) whistleblower protection

provisions, SMC 4.20.800-.880. SPD appeals the jury verdict and various trial

court rulings with respect to the negligence and hostile work environment claims.

In the published portion of this opinion, we conclude that Sgt. Hockett

properly exhausted his hostile work environment claim with the Seattle Ethics &

Elections Commission Executive Director (Director) under SMC § 4.20.860-.870
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85066-1-I

before pursuing a private cause of action in King County Superior Court. In the

unpublished portion of this opinion, we address several additional assignments of

error presented by SPD and conclude that only one of them merits appellate relief,

namely SPD’s challenge to the trial court’s award of attorney fees to Sgt. Hockett

for work performed by non-lawyer personnel. We remand for entry of findings and

conclusions with respect to attorney fees. In all other respects, we affirm.

I

A

David Hockett is a sergeant at SPD who has worked at the West Precinct

since the early 2000s. Officers in the West Precinct park their patrol vehicles in an