Locke v. City of Seattle

172 P.3d 705 (Wash. 2007) · Supreme Court of Washington · December 13, 2007 · No. Nos. 79222-4, 79381-6

Summary

The Washington Supreme Court held that the LEOFF Act's right-to-sue provision abrogates a municipality's sovereign immunity for covered claims. The court further held that the City of Seattle lacked standing to challenge the provision under Washington's privileges and immunities clause, and that Locke was a fire fighter and LEOFF Plan II member while attending recruit training. The court also upheld the handling of excess damages and the jury's future economic damages award, affirming and remanding the consolidated cases for further proceedings.

Holdings

  1. RCW 4.96.010 waives Seattle's sovereign immunity for suits brought under RCW 41.26.281's LEOFF right-to-sue provision.
  2. Seattle lacked standing to challenge the LEOFF right-to-sue provision under article I, section 12 of the Washington Constitution.
  3. Locke was a firefighter for purposes of LEOFF while attending the City's 12-week recruit training program.
  4. Any error in instructing the jury concerning which party had to establish the amount of workers' compensation benefits was harmless because the parties stipulated to that amount.
  5. The trial court did not abuse its discretion in denying Seattle's motion for a new trial or remittitur because evidence supported the jury's $514,000 future economic damages award.

Questions Presented

  1. Whether RCW 41.26.281's LEOFF right-to-sue provision, together with RCW 4.96.010, abrogates Seattle's sovereign immunity.
  2. Whether Seattle had standing to challenge the LEOFF right-to-sue provision under article I, section 12 of the Washington Constitution.
  3. Whether a firefighter attending a 12-week recruit training program qualifies as a LEOFF Plan II firefighter.
  4. Whether the trial court's instruction concerning excess damages was erroneous and prejudicial.
  5. Whether the evidence supported Locke's award of future economic damages.

Disposition

remanded

Cases Cited (22)

  • Fray v. Spokane County, 134 Wash. 2d 637, 952 P.2d 601 (1998)(followed)
  • Hauber v. Yakima County, 147 Wash. 2d 655, 56 P.3d 559 (2002)(followed)
  • Berrocal v. Fernandez, 155 Wash. 2d 585, 121 P.3d 82 (2005)(followed)
  • Enterprise Leasing, Inc. v. City of Tacoma, 139 Wash. 2d 546, 988 P.2d 961 (1999)(followed)
  • Kelso v. City of Tacoma, 63 Wash. 2d 913, 390 P.2d 2 (1964)(followed)
  • Coulter v. State, 93 Wash. 2d 205, 608 P.2d 261 (1980)(followed)
  • Locke v. City of Seattle, 133 Wash. App. 696, 137 P.3d 52 (2006)(affirmed in part)
  • Taylor v. City of Redmond, 89 Wash. 2d 315, 571 P.2d 1388 (1977)(followed)
  • J & B Development Co. v. King County, 100 Wash. 2d 299, 669 P.2d 468 (1983)(followed)
  • Meaney v. Dodd, 111 Wash. 2d 174, 759 P.2d 455 (1988)(not overruled on the relevant point)

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