Angelica Robin Lenning, V. Meghan Layne Seale, Et Ano

CourtCourt of Appeals of Washington
DecidedMay 15, 2023
Docket83597-1
StatusUnpublished

This text of Angelica Robin Lenning, V. Meghan Layne Seale, Et Ano (Angelica Robin Lenning, V. Meghan Layne Seale, Et Ano) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angelica Robin Lenning, V. Meghan Layne Seale, Et Ano, (Wash. Ct. App. 2023).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

ANGELICA ROBIN LENNING, No. 83597-1-I Respondent, DIVISION ONE v. UNPUBLISHED OPINION MEGHAN LAYNE SEALE and JOHN DOE SEALE, husband and wife and the marital community property comprised thereof,

Appellants.

BIRK, J. — Meghan Seale, who stipulated she was negligent in rear-ending

Angelica Lenning in March 2018, appeals an order granting Lenning a new trial

after the jury returned a defense verdict. The trial court granted Lenning’s CR 59

motion, finding “substantial justice had not been done” for three reasons—the

jurors were distracted during the Zoom1 trial, a speedy defense verdict suggested

the jurors acted based on “emotion,” rather than “the facts and the law,” and

Seale’s attorney committed “repeated violations” of the court’s pretrial evidentiary

rulings. We conclude that the record does not support a finding that juror

inattentiveness prejudiced Lenning’s right to a fair trial or that the verdict was the

result of passion or prejudice. We further conclude that the trial court failed to

make sufficient findings to support its conclusion that defense counsel committed

1 “Zoom” is a cloud-based, peer-to-peer videoconferencing software platform that is used for teleconferencing, telecommuting, distance education, and social relations.

Citations and pinpoint citations are based on the Westlaw online version of the cited material. No. 83597-1-I/2

misconduct prejudicing Lenning’s rights as required by CR 59(f). We therefore

reverse the order granting a new trial and affirm the judgment for Seale.

I

Seale and Lenning were in an automobile collision on March 10, 2018, on

Aurora Avenue North in Seattle. When Lenning filed suit against Seale, Seale

admitted fault, leaving for the jury the amount of damages, if any, that Lenning

sustained as a result of the collision. Trial was held over Zoom and lasted four

days.

The focus of the evidence was on the nature and extent of Lenning’s injuries

after the 2018 collision. Lenning testified that the accident caused her to

experience such significant and ongoing pain in her neck and shoulders, and

severe cramping in her arms, forearms, and hands, that she was unable to

continue in her chosen profession as a chef and caterer.

Seale challenged Lenning’s testimony that the 2018 collision caused her to

be unable to carry on as a chef. On cross-examination, Seale questioned Lenning

about a 2017 sworn statement she had filed in a district court case in which a

former employee claimed Lenning owed her wages. In that statement, Lenning

stated that she had officially closed her catering business on April 30, 2016, some

two years before the collision with Seale, and that Lenning was unable to operate

the business because of “unexpected major health concerns.” Seale sought to

impeach Lenning with this prior statement.

Lenning objected, arguing that the health issues referenced in the statement

were mental health issues the parties had agreed would be inadmissible at trial

2 No. 83597-1-I/3

and the court had excluded by an order in limine. The court overruled this objection

because the letter did not reference mental health issues. The trial court permitted

Seale to cross-examine Lenning about the statements concerning closure of the

business and her health concerns.2

Lenning testified she closed a catering business that she ran as a sole

proprietorship due to stress she experienced from the end of a personal

relationship. She testified that three weeks later she opened a new catering

business as a limited liability company, and this company purchased her sole

proprietorship’s assets. She claimed she operated this limited liability company

continuously until her March 2018 collision.

Lenning called physiatrist Mychael Lagbas, MD, who opined that Lenning

suffered from thoracic outlet syndrome (TOS),3 a cervical and thoracic injury, a

disk extrusion at the cervical level, an underlying joint and ligamentous injury, and

inflammation in the lumbar spine. Dr. Lagbas attributed all of these injuries to the

March 2018 collision. He further opined that some of Lenning’s symptoms would

be permanent, including the pain in the neck and upper back, numbness and

tingling in the upper extremities, and the fatigue that Lenning reported she

experienced with upper extremity activity.

2 Lenning did not request an instruction limiting the use of the letter for

impeachment purposes only, and the court admitted a redacted version of the statement without limitation. 3 Dr. Lagbas described TOS as the compression of nerves and/or blood

vessels to the arm, an injury that can be caused by rear end collisions.

3 No. 83597-1-I/4

Lenning also called Theodore Becker, PhD, a human performance and

biomechanical specialist. Becker conducted capacity evaluation testing of Lenning

and reported that Lenning suffered from destabilized biomechanical disc

positioning, resulting in asymmetric strength in her shoulders. He also identified

“considerable strength deficits” in her upper extremities. He measured

temperatures in her palms that were higher than temperatures in her fingers.

Becker testified this “could” be associated with “thoracic outlet condition.” Becker

testified that while Lenning could reach her arms over her head, such movements

would over time worsen the destabilization of her neck. On cross-examination,

Becker testified he had not reviewed Lenning’s medical records and did not know

what her physical capacities were before the March 10, 2018 collision.

Seale called Allen Jackson, MD, an orthopedic surgeon. Dr. Jackson

examined Lenning and concluded she does not have TOS. He testified that

Lenning’s MRIs (magnetic resonance imaging), X-rays, and his neurological

examination of her was normal. He found no muscle atrophy, a symptom almost

always present if someone suffers from neurogenic TOS. When he conducted a

sensory examination of Lenning’s fingertips with a pin, she reported diminished

perception in all five fingers, symptoms Dr. Jackson testified would be inconsistent

with a diagnosis of TOS.

In closing, Lenning sought a general damage award of $8.9 million, arguing

that she “can no longer use her arms to cook, can no longer use her arms, period,

4 No. 83597-1-I/5

to the same extent that she used to.”4 Lenning acknowledged Seale would ask for

a defense verdict, stating,

[I]f after all of the evidence that you see, you believe that evidence shows that my client is a liar and a fraud and a fake, if the evidence shows on a more-likely-than-not basis that she is fine and seeking jackpot justice, then come back in here with a verdict for nothing. If you believe that the evidence shows that she tricked all of the doctors that treated her, all of the doctors that diagnosed her, tricked her daughter, tricked her cousin, tricked her former friend and business partner, and tricked Dr. Becker’s objective tests, then tell us that with your verdict. [Lenning] shouldn’t profit if that’s what you believe the evidence shows, and I shouldn’t benefit from it either.

Lenning’s counsel argued if Lenning’s evidence were believed, her injuries would

last “forever” and the verdict should reflect that fact.

Seale argued in closing the jury should return a defense verdict because

Lenning had not met her burden of proving the damages she claimed:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Palmer v. Jensen
937 P.2d 597 (Washington Supreme Court, 1997)
Bingaman v. Grays Harbor Community Hospital
699 P.2d 1230 (Washington Supreme Court, 1985)
Ide v. Stoltenow
289 P.2d 1007 (Washington Supreme Court, 1955)
Stigall v. Courtesy-Chevrolet-Pontiac, Inc.
551 P.2d 763 (Court of Appeals of Washington, 1976)
State v. Hughes
721 P.2d 902 (Washington Supreme Court, 1986)
Williams & Mauseth Insurance Brokers, Inc. v. Chapple
524 P.2d 431 (Court of Appeals of Washington, 1974)
Johnson v. Howard
275 P.2d 736 (Washington Supreme Court, 1954)
Dybdahl v. Genesco, Inc.
713 P.2d 113 (Court of Appeals of Washington, 1986)
Krivanek v. Fibreboard Corp.
865 P.2d 527 (Court of Appeals of Washington, 1993)
Reiboldt v. Bedient
562 P.2d 991 (Court of Appeals of Washington, 1977)
McUne v. Fuqua
277 P.2d 324 (Washington Supreme Court, 1954)
Teter v. Deck
274 P.3d 336 (Washington Supreme Court, 2012)
Palmer v. Jensen
132 Wash. 2d 193 (Washington Supreme Court, 1997)
Paetsch v. Spokane Dermatology Clinic, PS
348 P.3d 389 (Washington Supreme Court, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
Angelica Robin Lenning, V. Meghan Layne Seale, Et Ano, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angelica-robin-lenning-v-meghan-layne-seale-et-ano-washctapp-2023.