SOFIE v. FIBREBOARD CORP.

No. 54610-0.

112 Wn.2d 636 (1989)

771 P.2d 711

780 P.2d 260

AUSTIN SOFIE, ET AL, Appellants, v. FIBREBOARD CORPORATION, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

As amended by order September 27, 1989.


Attorney(s) appearing for the Case

Schroeter, Goldmark & Bender, William Rutzick, Janet L. Rice, and Kirk I. Mortensen; Stritmatter, Kessler & McCauley and Paul Stritmatter, for appellants.

Gibson, Dunn & Crutcher, by Steven T. Johnson, Kent T. van den Berg, Gary C. Grotz, and Mark Hughes, for respondents Fibreboard, Celotex, Owens-Illinois, and Keene Corporations.

Williams, Kastner & Gibbs, by William H. Mays, Mary H. Spillane, and Elizabeth A. Christianson, for respondent Eagle-Picher Industries.

McKay & Gaitan, by Linda E. Blohm, for respondent Raymark Industries.

Bryan P. Harnetiaux and Robert H. Whaley on behalf of Washington State Trial Lawyers Association; Daniel F. Sullivan and Jeffrey Robert White on behalf of Association of Trial Lawyers of America; Richard H. Robblee on behalf of United Association of Journeymen and Apprentices, amici curiae for appellants.

Kenneth O. Eikenberry, Attorney General, Michael E. Tardif, Senior Assistant, and Michael Madden, Assistant; Bertha B. Fitzer and F. Ross Burgess on behalf of Washington Defense Trial Lawyers Association and Defense Research Institute; Jeffrey I. Tilden and Rex C. Browning on behalf of the Liability Reform Coalition, amici curiae for respondents.


[As amended by order of the Supreme Court September 27, 1989.]

UTTER, J.

Austin and Marcia Sofie challenge the constitutionality of RCW 4.56.250. This statute, part of the 1986 tort reform act, places a limit on the noneconomic damages recoverable by a personal injury or wrongful death plaintiff. The Sofies brought a direct appeal to this court after the trial judge in their tort action, under the direction of the statute, reduced the jury's award of noneconomic...

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