SEATTLE NEWS ARCHIVES & FEATURES

Dori: State Supreme Court now assumes all civil cases are racially biased

Oct 21, 2022, 5:22 PM | Updated: 5:29 pm

state supreme court...

(Photo By Ben Hasty/Getty Images)

(Photo By Ben Hasty/Getty Images)

It started as a rear-end car accident several years ago in King County.

And Thursday, it ended with the Washington State Supreme Court determining that all civil cases in the state must undergo a hearing for a new trial if the losing party claims their court case involved any racial bias.

“It’s a very unusual decision,” Seattle attorney Mark Lamb told Dori Monson Show listeners Friday.

According to the justices’ ruling, a civil trial court must hold an evidentiary hearing to determine if a new trial is required if the plaintiff or defendant suggests the outcome of the case was connected to any perceived racial bias.

More from Dori: The life of Seattle’s 50th homicide victim – not just a stat

In what legal experts like Lamb call “chilling,” a hearing requested after a trial must now start with a baseline presumption that the verdict was the result of bias. Even more, the nine justices wrote that the burden of proof is now on the party that won the original trial — and that it is their burden of proof to show there was no bias.

The ruling stems from an auto collision in which Janelle Henderson, who is Black, claimed the tics and pain connected to her existing Tourette’s Syndrome were worsened after her car was hit by one driven by Alicia Thompson, who is white.

Henderson and her Seattle attorney, Vonda Sargent, sought $3.5 million in damages when the case first went to trial in 2017. Thompson had acknowledged her own fault in the accident but would not compensate Henderson for a multi-million dollar amount.

At the civil trial, after hearing Henderson described as “combative” and “confrontational,” and watching three of Henderson’s friends and witnesses all use the same words to describe her as the “life of the party,” the jury denied Henderson’s original claim and awarded her $9,200.

Arguing that these words used by the defense were a trope and the insinuation that the witnesses colluded in their testimony, the plaintiffs claimed racial bias. The state’s high court also sided with Henderson’s claim that the jury heard racial bias when the defense questioned her choice to use her employer as the physician testifying about her condition, and when the defense suggested she was “exaggerating to acquire an unearned financial windfall.”

State Supreme Court to examine overturned conviction of 1987 cold-case double murder

If future cases reach a point where there is a claim of racial bias, the state court wrote in its 33-page opinion, an “objective observer” must be used at a hearing to determine if racial bias played into the verdict. The observer, the justices continued, is “someone who is aware that implicit, institutional, and unconscious biases, in addition to purposeful discrimination, have influenced jury verdicts in Washington state.”

“The presumption is going to be that you are biased, you are racist,” Lamb explained to Dori’s listeners. “The burden is on the party that effectively won at trial.”

“It is trying to imbue race consciousness into our system in a way that is not remedial but is insidious and will have very disastrous consequences to bring our country together. It’s going to heighten racial consciousness and identity and that is not going to be good for our state.”

Listen to Dori Monson weekday afternoons from noon – 3 p.m. on KIRO Newsradio, 97.3 FM. Subscribe to the podcast here.

FILE - Diana McGuire leads her 4-year-old son Noah by the hand across the playground at St. Mary's ...

Associated Press

It’s not just gas and groceries. Childcare costs weigh on some voters before the midterm elections

Like so many Americans, Jenny Escolastico has watched wearily as the cost of living has risen, straining her household budget. But as a mother of two children under 5, she faces added pressure that could shape how she votes in November: childcare costs. Escolastico’s household outside Allentown, Pennsylvania, is relying solely on her husband’s income. […]

13 minutes ago

FILE - California Gov. Gavin Newsom speaks about his state budget proposal May 14, 2026, in Sacrame...

Associated Press

California state workers launching 1-day strike over return-to-office mandate, pay and healthcare

SACRAMENTO, Calif. (AP) — California state workers will launch a one-day strike Wednesday, urging Gov. Gavin Newsom’s administration to agree to a new contract that increases workers’ pay, ensures affordable healthcare access and allows more flexibility for remote work. SEIU Local 1000, the largest union for California government workers which represents more than 100,000 employees, […]

16 minutes ago

President Donald Trump speaks in the Oval Office of the White House, Tuesday, Oct. 20, 2026, in Was...

Associated Press

A ‘golden age’ vs. ‘we’re working on it’: Trump and Vance give different pitches on the economy

WASHINGTON (AP) — President Bill Clinton famously said he could feel voters’ pain over the economy. But these days, when it comes to questions about high prices, President Donald Trump insists that the pain is his. “They hit me with affordability, and that’s the first time I ever heard the word used,” he complained in […]

16 minutes ago

Josh Ramsey, an employee at the Oxford Tobacco Research Station, smokes a cigarette as he carries a...

Associated Press

Whether `stringing’ or `looping,’ tobacco is the tie that binds many North Carolina farm families

RALEIGH, N.C. (AP) — When Sophie Sunday told her schoolmates she was taking off halfway through the school day, they couldn’t wait to find out why. “`I’m going to loop tobacco at the fair,’” the seventh grader told them. “And they’re, like, `What?’ They don’t have a clue.” To be fair, most people don’t. At […]

16 minutes ago

Associated Press

FBI is investigating reports of an ‘incendiary device’ being thrown at an ICE building in Atlanta

ATLANTA (AP) — The FBI is investigating reports of an “incendiary device” being thrown at the U.S. Immigration and Customs Enforcement building in downtown Atlanta on Tuesday night. There were no reports of injuries or significant damage, the FBI said in a statement. “FBI personnel and evidence response technicians are on site collecting evidence,” the […]

23 minutes ago

737 MAX 10...

James Lynch

‘Today is historic’: Boeing marks 737 MAX 10 certification milestone in Everett

Boeing leaders, government officials, and elected officials gathered at the company’s Everett facility to mark the certification of the 737 MAX 10.

3 hours ago

Dori: State Supreme Court now assumes all civil cases are racially biased