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.

President Donald Trump speaks at General Motors proving ground, Monday, July 27, 2026, in Milford, ...

Associated Press

Teleprompter operator accused of betting on Trump speeches is out of a job

WASHINGTON (AP) — A White House teleprompter operator who was put on unpaid leave after news reports he had used inside knowledge to make bets about President Donald Trump’s speeches on the online prediction market Kalshi is no longer in his post, according to a White House official. The official, who was not authorized to […]

41 minutes ago

Young men ride motorcycles along the shore as a tractor pulls equipment from the water and commerci...

Associated Press

Saudi Arabia says it shot down more drones as Houthis claim to have turned back tanker

CAIRO (AP) — Saudi Arabia said Tuesday that it shot down drones fired by Iran-backed militias in Iraq for a second day, while Iran-backed Houthi rebels in Yemen claimed to have forced a Saudi oil tanker to turn around as part of their self-styled blockade of the kingdom. The attacks underscored lingering tensions despite a […]

44 minutes ago

food grocery price seattle...

Gee Scott and Ursula Reutin Show

‘Quality gets sacrificed for quantity’: Gee laments families struggling with a 33% food price spike

Families face a 33% rise in food prices, the largest spike in 50 years, impacting quality over quantity in grocery shopping.

1 hour ago

federal way fatal crash...

Jason Sutich

All lanes reopened after semi driver killed in crash on NB I-5 near Federal Way

The two right lanes of northbound I-5 reopened on Tuesday following a fatal car and semi-truck crash near the Federal Way rest area.

1 hour ago

Motorcycle lane splitting I-5...

Spike O'Neill

‘It’s not worth the risk’: A motorcycle rider’s plea to stop lane splitting during Revive I-5

Revive I-5 has been underway for more than half a year and with it comes an increasing number of lane splitters during morning and afternoon commutes.

2 hours ago

District of Columbia Mayor Muriel Bowser, right, speaks as Delano Hunter, director of the DC Depart...

Associated Press

Washington crime stats system experienced a ‘systemic breakdown’ of internal controls, report says

WASHINGTON (AP) — The Washington, D.C. Metropolitan Police Department’s crime statistics collection experienced a “prolonged, systemic breakdown of its internal control system,” according to a report released Tuesday by the city’s inspector general, which reviewed the department’s process after accusations by the federal government that figures were manipulated. The investigation, requested in December by Mayor […]

2 hours ago

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