Statement from Sen. Weinstein on Speaker Chopp’s forthcoming proposal

OLYMPIA – Sen. Brian Weinstein, D-Mercer Island, made the following statement about Speaker Frank Chopp’s forthcoming three-point plan to address negligent builders in Washington.

I understand Speaker Chopp will release his so-called 3-point plan today or tomorrow to address the problems faced by victims of shoddy home construction throughout Washington.

Based on what I’ve learned about this proposal it is inadequate and does nothing to provide a remedy in court for victims of careless construction.

Based upon my conversations with the Governor, she would find Chopp’s three-point proposal to be inadequate as well. Governor Gregoire was the best Attorney General this state has ever had, and she has assured me that Washingtonians’ require a law that provides a real remedy to homebuyers – not one like Chopp’s proposal that has no teeth.

Access to the courts is a fundamental constitutional right. The courts are the only place where the little guy is equal to corporation.

I know there are some people who have political and moral objects to the people’s rights to access to the courts. I am not one of these people nor is Speaker Chopp.

The Judicial branch is a co-equal branch of government to the Executive and Legislative branches, but it is by far the most protective of citizens’ rights because Judicial branch is the only branch of government where lobbyists and special interests are not allowed.

What is most puzzling, and indeed perplexing, is that for every class of victims in Washington the Speaker has been a champion for victims’ rights to access the courts. This year alone he has fought hard to allow parents of adult children to bring legal actions under our state’s wrongful death statute. He has fought hard to impose a fiduciary duty on mortgage brokers, which will most certainly lead to lawsuits from aggrieved borrowers who will force their rights in court. Last year, he stood shoulder to shoulder with me to increase access to the courts for consumers who were victimized by their insurance companies. He has also consistently fought caps on patients’ lawsuits against doctors and hospitals.

Speaker Chopp does not want to give homebuyers a remedy in court against builders. He claims there will be “unintended consequences.” But this is the same man who, by fighting caps against pain and suffering damages against doctors and hospitals, has no qualms in allowing damages against doctors and hospitals to cost potentially tens of millions of dollars.

One must ask by denying a homebuyer like Scott Thalhammer, who has 2 feet of water in his home’s crawl space, the right to sue his builder, why is Speaker Chopp so intent on protecting the rights of builders at the cost of the rights of homeowners?

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