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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to account’ for systemic racism[.]” We read no improper comment in the record.

The hospital argues that in Danielson’s closing argument, he invited the jury

to make “a greater impact” on systemic racism, as opposed to holding the hospital

accountable for the harassment that Danielson personally experienced. But in

context, Danielson invited the jury to hold “Seattle Children’s Hospital, as an

institution, accountable for this harm and for their inaction and their action that has

profoundly harmed Ben Danielson.” (Emphasis added.)

The hospital makes a similar argument about a comment in Danielson’s

closing rebuttal, in which he stated that if the jury did not hold the hospital

accountable, “racism will continue to be alive and well.” Again, in context, the

comment is not improper. Danielson argued:

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No. 87793-3-I/27

“[Y]ou’re the ones who will decide if Seattle Children[’]s is going to
be held to account. Money does not fix racism . . . But if you let those
facts cause you to bring an award back that is insufficient to account
for the damage that Dr. Danielson has dealt with over 21 years at
OBCC, 21 years—if your verdict does not bring accountability for
what Seattle Children[’]s did, what they knew, what they should have
known, what they did, and what they failed to do in that time period,
then I guarantee you racism will continue to be alive and well.” 8

(Emphasis added.) Both of the allegedly improper comments, when reviewed in

context, are arguments inviting the jury to return a verdict that compensates

Danielson for the harm that he experienced.

Finally, even if the language at closing argument could have caused some

passion or prejudice in the jury to hold the hospital accountable for all racism, the