explaining that a statutory cap on non-economic damages “may, indeed, violate the separation of powers” because the cap applies without judicial “case-by-case determinations” of the circumstances of the case
How later courts described this case
- explaining that a statutory cap on non-economic damages “may, indeed, violate the separation of powers” because the cap applies without judicial “case-by-case determinations” of the circumstances of the case
- finding that statutory limit on compensatory noneconomic damages violated state constitutional right to trial by jury
- holding cap on noneconomic damages unconstitutional under article I, section 21 of Washington State Constitution
- holding damage cap unconstitutional because it invaded jury's right to determine damages
Written by the judges who cited it.
The opinion
*670 Andersen, J.
I concur on the basis that RCW 4.56.250 violates Const. art. 1, § 21.