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.

U.S. Park Ranger Betsy Keene, curator of National Parks of Western Pennsylvania, explains a slide s...

Associated Press

Most states prompt schools to teach about 9/11, but the details differ, AP finds

For three days this summer, teachers converged at the Flight 93 National Memorial in remote western Pennsylvania to talk about 9/11. How best to educate a new generation about the attacks 25 years ago? Which details are appropriate for young kids? What do victims’ families want students to be told about the dead? “Even worse […]

3 hours ago

Currency traders work near a screen showing the Korea Composite Stock Price Index (KOSPI), the fore...

Associated Press

Asian shares and US futures decline, while oil prices press higher

BANGKOK (AP) — Asian shares and U.S. futures skidded Tuesday as flaring conflict in the Middle East pushed oil prices higher. A wave of Houthi attacks on oil facilities and utilities in Saudi Arabia’s southern region has escalated a renewed conflict between an important U.S. ally and Iranian-backed rebels in Yemen. Tokyo’s Nikkei 225 gave […]

4 hours ago

Associated Press

US Coast Guard joins Bahamas search for missing plane carrying 4 family members heading to Florida

MIAMI (AP) — A small plane carrying four family members flying back home to Florida went missing off the Bahamas on Monday, the U.S. Coast Guard and authorities in the Bahamas said. The plane took off from Great Harbour Cay and was heading to Miami Executive Airport in Miami-Dade County, Bahamas police said in a […]

5 hours ago

FILE - Signs promoting 5G wireless technology from Chinese technology firm Huawei are displayed at ...

Associated Press

China’s Huawei Technologies faces racketeering trial in New York

NEW YORK (AP) — Huawei Technologies, a leading Chinese tech company, faces a criminal racketeering trial in New York over charges that it stole technology, plotted to steal U.S. trade secrets and committed wire and bank fraud, among other crimes. Jury selection is scheduled to begin Tuesday. The indictment alleges that, besides stealing trade secrets, […]

5 hours ago

A bear sits in a car after getting stuck inside of it Sunday, July 19, 2026 in Gold Hill, Colo. (Pa...

Associated Press

Parched summer in the Rockies sends hungry bears into urban areas and confrontations with people

COLORADO SPRINGS, Colo. (AP) — Patrick Sullivan was sure it was a “crazy neighbor” honking a car horn nonstop while Sullivan was up feeding his infant son at 3 a.m. one night this summer. It was a neighbor all right, but not a human one. A black bear had opened the door of a Toyota […]

6 hours ago

Canadian Prime Minister Mark Carney speaks with members of the media as he arrives at the Office of...

Associated Press

What to know about Canada’s escalating trade war with the US as Carney retaliates with tariffs

TORONTO (AP) — Canada struck back at U.S. President Donald Trump on Tuesday with tariffs on about $20 billion worth of U.S. goods, in response to the latest round of tariffs on Canada. The outcome could resonate far beyond Canada, showing other governments whether a smaller U.S. ally can withstand Trump’s economic pressure. Canadian Prime […]

6 hours ago

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