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Washington court reinstates verdict for Tacoma in firefighter comp dispute - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Washington court reinstates verdict for Tacoma in firefighter comp dispute by Gavin Souter Claims Disputes , Coverage Disputes , Workers Comp Coverage , Workplace Safety Aug 26, 2026 A Washington appeals court Tuesday reinstated a jury verdict in favor of the City of Tacoma in a firefighter workers compensation dispute, ruling that the city’s discovery violations did not justify overturning its trial victory. In Varney v. City of Tacoma , the Washington Court of Appeals, Division II, said the city improperly produced more than 950 pages of documents shortly before trial but ruled that the firefighter and his wife were not sufficiently prejudiced to warrant a new trial. The court also overturned a trial court ruling holding the city liable for the couple’s claims as a penalty for the discovery violations. Tony Varney worked as a Tacoma firefighter from 1987 until 2009, when he suffered a hypertensive emergency at work and a stroke within 24 hours of his shift. His subsequent workers comp claim led to years of disputes and litigation with the city, and he was placed on a medical pension in January 2018. Mr. Varney and his wife, Geralyn Varney, sued the city in 2019, alleging abuse of process and outrage, which involves extreme conduct that intentionally or recklessly causes severe emotional distress, in connection with the handling of his workers comp claim. The trial court subsequently vacated the verdict and ordered a new trial, citing several issues, including the city’s production of more than 950 pages of documents shortly before trial. It also ruled against the city on liability as a penalty for its discovery violations. The appeals court said the record did not support a finding that the Varneys were sufficiently prejudiced to warrant a new trial. They had told the court they were prepared for trial and used some of the late-produced documents in presenting their case. “Taken together, the trial court’s findings do not support the conclusion that substantial justice was not done and that the Varneys did not have a fair trial,” the appeals court said. The court upheld the jury’s finding of no liability and said holding the city liable was not an appropriate discovery sanction, but it left open monetary sanctions against the city. 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