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)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/877933%20Order%20and%20Opinion.pdf ↗

Related Parts of This Source

Full Text

1,743 chars

order providing for a new trial unless the party adversely affected shall consent to

a reduction or increase of such verdict.”

“‘An appellate court will not disturb an award of damages made by a jury

unless it is outside the range of substantial evidence in the record, or shocks the

conscience of the court, or appears to have been arrived at as the result of passion

or prejudice.’” Bunch v. King County Dep't of Youth Servs., 155 Wn.2d 165, 175,

116 P.3d 381 (2005) (quoting Bingaman v. Grays Harbor Cmty. Hosp., 103 Wn.2d

831, 835, 699 P.2d 1230 (1985)). “A damages award ‘shocks the conscience’ if it

is ‘flagrantly outrageous and extravagant.’” Pendergrast v. Matichuk, 189 Wn.

App. 854, 868, 355 P.3d 1210 (2015) (internal quotation marks omitted) (quoting

Bunch, 155 Wn.2d at 179).

24
No. 87793-3-I/25

The trial court, having witnessed the testimony of emotional distress, is in

the best position to determine whether the testimony supports the amount of

damages. Hill v. GTE Directories Sales Corp., 71 Wn. App. 132, 140, 856 P.2d

746 (1993). We therefore review the trial court’s refusal of remittitur for abuse of

discretion. Bunch, 155 Wn.2d at 176.

In our republic, the jury is essential in determining the value of noneconomic

damages, which is a question of fact. Id. at 179. There is a strong presumption in

favor of a jury’s award. Id. at 173. “[E]motionally laden testimony . . . regarding

the emotional distress and mental anguish” is evidence supporting a large verdict

of noneconomic damages. Wuth v. Lab. Corp. of Am., 189 Wn. App. 660, 704,

359 P.3d 841 (2015). A substantial length of time experiencing discrimination is

also evidence in support of a large damages award. Bunch, 155 Wn.2d at 180