McKenna sets sights on lawsuit immunity

OLYMPIA – Attorney General Rob McKenna wants to make the state immune from some lawsuits, a move the Republican says could spare taxpayers costly court judgments.

McKenna, who says he will propose liability legislation next year, argues taxpayers shouldn’t be liable for large judgments when the state has little to do with the alleged wrongdoing.

“We want to take the state away as the deep pocket for harms committed by third parties,” he told the Seattle Times.

A recent article McKenna co-authored in the Seattle University Law Review said Washington is more vulnerable to lawsuits than any other state in the country, and the article pointed out that most states have immunity from certain types of lawsuits and limits on damage payments.

The state has spent more than $500 million since 1987 to pay claims, settle cases and defend itself against lawsuits, the Times reported. The Legislature set aside about $150 million in its 2005-07 budget to cover the cost of potential court cases.

Among the big payouts that have hit the state’s finances in recent years was $8.8 million paid in 2001 to settle the case of Linda David, whose husband abused her while collecting state aid as her caretaker.

Lawmakers have tried for several years to pass measures curtailing government and business liability, but many of those efforts have been hung up amid disagreements about how to alter the medical malpractice system.

Trial lawyers and some Democratic lawmakers, who control the Legislature, are skeptical of McKenna’s campaign.

“This would be but the first step toward rescinding the right of citizens to redress injuries inflicted by their government,” said Rep. Brendan Williams, D-Olympia, vice chairman of the House Judiciary Committee.

Gov. Christine Gregoire, a Democrat and former state attorney general, said she will reserve judgment on the issue until she sees McKenna’s proposed liability legislation. But Gregoire told the Times she has concerns about the state trying to make itself immune from certain lawsuits.

Washington state waived its immunity from lawsuits in 1961 on the theory that people should be compensated when the government causes harm.

At the time, lawsuits were less common and judgments were smaller. The bulk of large payouts in recent years stem from cases where courts determined the state failed to properly supervise or protect someone.

McKenna declined to release details of his planned legislation, but he said one of its protections would limit government liability in the case of a person under community supervision.

“I’m going to be speaking out on the fact that we’re the most exposed state (in the nation) and there is a real cost,” McKenna said. “There’s less money available for foster care, less money available for the supervision of parolees or individuals under community supervision.”

The state would still be liable when it’s clearly at fault, he said.