Austin Sofie, Appellants v. Fibreboard Corporation, Respondents

Summary

The Washington Supreme Court, en banc, held that RCW 4.56.250 — the 1986 tort reform act's formula-based cap on noneconomic damages in personal injury and wrongful death actions — violates article 1, section 21 of the Washington Constitution because it invades the jury's constitutionally protected fact-finding function of determining damages, and it reinstated the jury's verdict that the trial judge had reduced under the cap. Resting on adequate and independent state grounds, the court declined to reach the equal protection and due process challenges (while surveying the equal protection issues) and rejected the defendants' cross-appeal claims of trial error, including upholding the application of joint and several liability to asbestos claims under RCW 4.22.070(3)(a). Justice Andersen concurred on the jury-trial ground alone, while Chief Justice Callow and Justices Dolliver and Durham dissented, arguing that the jury right does not extend to the remedy phase and that the Legislature may limit remedies without violating article 1, section 21.