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MARTINEZ v. CITY OF TACOMA

No. 17581-9-II.

914 P.2d 86 (1996)

81 Wash.App. 228

Marvin G. MARTINEZ and Diana Martinez, husband and wife, Appellants, v. CITY OF TACOMA, a municipal corporation; Allen Correll and "Jane Doe" Correll, husband and wife; and Charles Leach and "Jane Doe" Leach, husband and wife, Respondents.

Court of Appeals of Washington, Division 2.

April 12, 1996.

Attorney(s) appearing for the Case

Timothy J. Whitters, Gordon Thomas Honeywell, Malanca Peterson & Daheim, Tacoma, for Respondent.

Hugh Joseph McGavick, Law Offices of Monte Hester, Tacoma, for Appellant.

CHARLES K. WIGGINS, Judge.*

We must decide whether the trial court abused its discretion by limiting the successful plaintiff's attorney fee award in an employment discrimination action to the contingent fee agreement percentage of the damages found by the jury. The trial court limited the attorney fee award to fifty percent of the $8000 damages found by the jury, for a total fee of $4000. We hold that

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