Carlton v. Vancouver Care, LLC

231 P.3d 1241, 155 Wash. App. 151
CourtCourt of Appeals of Washington
DecidedMarch 16, 2010
DocketNo. 36797-1-II
StatusPublished
Cited by9 cases

This text of 231 P.3d 1241 (Carlton v. Vancouver Care, LLC) 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
Carlton v. Vancouver Care, LLC, 231 P.3d 1241, 155 Wash. App. 151 (Wash. Ct. App. 2010).

Opinion

Armstrong, J.

¶1 Miriam Carlton, an elderly woman who suffered from severe dementia, was living in Stonebridge Memory Care when a male patient sexually assaulted her. Carlton died 13 months later without ever being able to describe the assault or its effect on her. Karen Carlton and Marjorie Holland, personal representatives of Carlton’s estate (Estate), sued Vancouver Care LLC, which operates Stonebridge, for negligence and abuse of a vulner[155]*155able adult under chapter 74.34 RCW. To prove that the rape caused Carlton to suffer emotional harm, the Estate retained Dr. Ann Burgess, a psychiatric nurse, to testify about implicit and explicit memory, conditioned fear response, rape trauma syndrome, and compounded rape trauma syndrome. Stonebridge moved to exclude the proposed testimony, arguing that rape trauma syndrome was not a generally accepted diagnosis by experts in the field. The trial court granted the motion, ruling that the Estate could not present testimony about the diagnosis because it was not recognized by the Diagnostic and Statistical Manual of Mental Disorders IV (DSM-IV).1 We accepted discretionary review of the trial court’s order excluding the proposed expert testimony, and we now reverse.

FACTS

¶2 Miriam Carlton suffered from severe dementia. She had limited language skills, could not carry on a conversation, and could make only one or two word responses to questions. Carlton also preferred lying and sleeping on the floor. She knew her name but was unaware of place or time.

¶3 One day, a male resident at Stonebridge inserted his fingers in Carlton’s rectum and vagina. Carlton was transported to the emergency room where her vital signs were elevated and she was in mild distress. She was mumbling incoherently but said at one point, ‘What did I do wrong?” 1 Report of Proceedings (RP) at 51, 53.

¶4 Carlton returned to Stonebridge for nine days before her daughters transferred her to Canyon Creek Assisted Living & Memory Care. During those nine days, Stonebridge staff recorded that Carlton returned to her [156]*156“base line” condition and showed no apparent distress, though she slept for extended periods of time in the fetal position. Suppl. Clerk’s Papers at 251-52; 1 RP at 52. At Canyon Creek, Carlton’s condition deteriorated. She had to use a wheelchair much of the time and became so agitated when staff attempted to change her underwear or provide “peri-care” that staff had to sedate her with antipsychotic drugs. 1 RP at 52, 145-46. Carlton was never tested for any psychological disorders and died about 13 months after the rape.

¶5 The Estate sued Stonebridge for negligence and violation of Washington’s vulnerable adult statute, chapter 74.34 RCW. The Estate alleged that Carlton sustained physical injury, pain, suffering, mental anguish, and emotional distress as a result of the rape. Stonebridge admitted responsibility for the assault but denied that it harmed Carlton.

¶6 Before trial, Stonebridge moved to exclude expert testimony by Dr. Burgess regarding rape trauma syndrome, compounded rape trauma syndrome, and implicit memory. The Estate argued that it needed Dr. Burgess’s testimony to prove Carlton’s emotional injuries. The trial court held a Frye

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Cite This Page — Counsel Stack

Bluebook (online)
231 P.3d 1241, 155 Wash. App. 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlton-v-vancouver-care-llc-washctapp-2010.