Trial lawyers lose bid to block part of ballot measure

Trial lawyers, arguing that Initiative 330 contains unconstitutional provisions, have lost a bid to block parts of the medical-malpractice measure from the November ballot.

Sponsored by doctors, I-330 contains provisions to cap jury awards for noneconomic damages such as pain and suffering and to limit lawyers' fees. If not adopted by the Legislature, I-330 will continue on its course toward the fall ballot, King County Superior Court Judge Steven Gonzalez ruled yesterday.

The lawyers, representing several adults and children who have brought personal-injury lawsuits, argued that parts of I-330 should be barred from the ballot because they are beyond the scope of an initiative.

Caps were declared unconstitutional by the state Supreme Court in 1989 and other cases have established that the power to regulate lawyers' fees belongs to the Supreme Court, the lawyers said.

The lawyers, who are championing a competing initiative, said it's misleading to allow people to vote on provisions that will be thrown out later.

"The people of this state are being fooled right now," said Jack Connolly, who represents one of the client-plaintiffs. "No one is being told that the information in their voters' pamphlet has got provisions that have already been ruled unconstitutional."

Secretary of State Sam Reed, the defendant in the case, contended that a challenge to the constitutionality of a proposed people's initiative generally occurs after the initiative is adopted.

Gonzalez didn't specify the reason for his ruling but granted a multipoint motion to dismiss the case by the Washington State Medical Association and Doctors for Sensible Lawsuit Reform, sponsors of I-330, who argued, in part, that it would be premature to throw out parts of the initiative.

"This is a story about a frivolous lawsuit being struck down," said Tom Curry, medical association spokesman.

"Hell hath no fury like a greedy personal-injury lawyer trying to protect his income," he said. "Voters need to look beyond what they're saying to their motivation."

Carol M. Ostrom: 206-464-2249 or costrom@seattletimes.com