Clayton v. Wilson

227 P.3d 278
CourtWashington Supreme Court
DecidedJanuary 21, 2010
Docket81920-3
StatusPublished
Cited by34 cases

This text of 227 P.3d 278 (Clayton v. Wilson) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clayton v. Wilson, 227 P.3d 278 (Wash. 2010).

Opinion

227 P.3d 278 (2010)
168 Wash.2d 57

Andrew James CLAYTON, Respondent,
v.
Douglas Mecklem WILSON, Defendant,
Mary Kay Wilson, Defendant/petitioner.

No. 81920-3.

Supreme Court of Washington, En Banc.

Argued October 22, 2009.
Decided January 21, 2010.

*279 Dennis John McGlothin, Olympic Law Group, PLLP, Seattle, WA, for Petitioner.

James D. Hailey, Kathryn Goater, Schroeter Goldmark & Bender, Seattle, WA, for Respondent.

SANDERS, J.

¶ 1 For a number of years Douglas Wilson sexually abused Andrew Clayton, a young boy hired to help with yard work on properties owned by the Wilsons' marital community. Clayton eventually notified police of the abuse, which led to Mr. Wilson's arrest. When Mr. Wilson was released from jail but still awaiting trial, the Wilsons executed a property agreement giving Mary Kay Wilson more than 90 percent of the community assets.

¶ 2 Clayton filed a tort action against the Wilsons. After a bench trial the King County Superior Court found the marital community liable and awarded damages against Mr. Wilson separately, as well as jointly and severally against Ms. Wilson. The court also voided the property transfer after finding it fraudulent. Ms. Wilson appealed and the Court of Appeals affirmed. Clayton v. Wilson, 145 Wash.App. 86, 186 P.3d 348 (2008), review granted, 165 Wash.2d 1019, 203 P.3d 378 (2009).

¶ 3 We likewise affirm.

FACTS

¶ 4 When Andrew Clayton was eight or nine years old, his family rented a house owned by Douglas and Mary Kay Wilson. The Wilsons hired Clayton to perform yard work around the rental property and other properties owned by the Wilsons. Almost immediately Mr. Wilson began sexually abusing Clayton when he completed the day's work. From the beginning Mr. Wilson linked the abuse to the yard work. Mr. Wilson started giving Clayton clothed back massages under the pretense of relieving sore muscles. Those massages gradually progressed into shirtless back massages, nude full-body massages, genital fondling, masturbation, and oral sex. All told, Mr. Wilson abused Clayton more than 40 times between Clayton's 9th and 15th or 16th year of age. Mr. Wilson did not pay Clayton until that day's sexual abuse was finished. Mr. Wilson used community assets to pay Clayton, his employee and tenant.

¶ 5 When he turned 18, Clayton described the sexual abuse to his mother, who notified police. Police arrested Mr. Wilson on December 5, 2002. Ms. Wilson visited him in jail on December 7, 2002, at which point Mr. Wilson told her he had victimized other boys. On December 11—two days after Mr. Wilson *280 was released from jail and awaiting charges—the Wilsons met with an attorney to seek marital dissolution and property distribution. The Wilsons knew Clayton and other victims could file lawsuits against them. On December 19 and 20 the Wilsons executed a property settlement agreement transferring $1,639,501, which totaled 90.5 percent of community assets, to Ms. Wilson. The property agreement went into effect upon execution, not upon dissolution of the marriage. Ms. Wilson permitted Mr. Wilson to live at the couple's Seabeck property rent free while awaiting sentencing. The Wilsons dissolved their marriage on March 31, 2003.

¶ 6 In June 2004 Clayton filed suit against the Wilsons. After a bench trial the King County Superior Court awarded Clayton approximately $1.4 million ($1.2 million for emotional distress, $200,000 for future lost wages, $4,024.50 for past medical expenses, and $14,200 for future medical costs). The trial court also found the marital community liable and entered judgment against Mr. Wilson separately and against Ms. Wilson as a jointly and severally liable judgment debtor. The court also enjoined the Wilsons from disposing of any former community property without court approval until an accounting was complete as to Mr. Wilson's separate property.

¶ 7 Additionally the trial court found the Wilsons' property agreement fraudulent on four separate grounds, and voided it. Ms. Wilson appealed to the Court of Appeals, which unanimously affirmed.[1] We granted review to decide (1) whether the Wilsons' marital community is liable for Mr. Wilson's intentional torts, (2) whether the property transfer between the Wilsons is void as fraudulent, and (3) whether Clayton proved future lost wages.

ANALYSIS

¶ 8 Whether a marital community is liable for the intentional tort of one of its members and whether a property transfer is fraudulent are mixed questions of law and fact. We review mixed questions of law and fact de novo. Franklin County Sheriff's Office v. Sellers, 97 Wash.2d 317, 329-30, 646 P.2d 113 (1982). We review conclusions of law under the same de novo standard. Sunnyside Valley Irr. Dist. v. Dickie, 149 Wash.2d 873, 880-81, 73 P.3d 369 (2003). The trial court determined Clayton's future lost wages in findings of fact 18-22 (Clerk's Papers (CP) at 848-50). We review findings of fact under a substantial evidence standard, defined as a quantum of evidence sufficient to persuade a rational fair-minded person the premise is true. Sunnyside Valley Irr. Dist., 149 Wash.2d at 880-81, 73 P.3d 369.

I. Marital community liability

¶ 9 Whether the Wilsons' marital community is liable for Mr. Wilson's intentional torts hinges on whether the sexual abuse occurred in the course of managing community business. In LaFramboise v. Schmidt, 42 Wash.2d 198, 254 P.2d 485 (1953), we held a marital community liable for indecent liberties committed by the husband against a young girl entrusted to the community's care. The parents of six-year-old Beverly LaFramboise left her in the care of Louis and Blanche Schmidt while her parents toured Alaska. The parents paid the Schmidts $35 per week to care for Beverly. At trial, a jury rendered a verdict against the marital community based on a jury instruction that stated the marital community would be liable if the jury found the indecent liberties occurred "`during the period while said child was in the care and custody of said defendant and of the said community.'" Id. at 199, 254 P.2d 485 (quoting jury instructions).

¶ 10 The Schmidts claimed the community could not be liable because Louis committed the act individually and because Louis acted outside the scope of his employment (i.e., no respondeat superior). Id. We rejected defendants' claims holding, "the community is not liable for the torts of the husband, unless the act constituting the wrong either (1) results or is intended to result in a benefit to the community or (2) is committed in the *281 prosecution of the business of the community." Id. at 200, 254 P.2d 485 (emphasis added). We reasoned because Louis committed the intentional tort while conducting community business, the community bore responsibility. Id.

¶ 11 Ms. Wilson claims deElche v. Jacobsen, 95 Wash.2d 237,

Related

Vaughn v. Cohen
W.D. Washington, 2025
Amie Garrand, V Robin P. Cornett
550 P.3d 64 (Court of Appeals of Washington, 2024)
Cara v. Salley
W.D. Washington, 2023
Tanya Carter, V. Rachel Armstrong
Court of Appeals of Washington, 2023
Zak Smith, V. Gen Con Llc
Court of Appeals of Washington, 2022
Taie v. Ten Bridges LLC
W.D. Washington, 2021
Jinni Tech Ltd v. Red.com Inc
W.D. Washington, 2020
Courtney Allen, Et Ano. v. Todd Zonis, Et Ano.
Court of Appeals of Washington, 2018
Andrew James Clayton, Res. v. Mary Kay Wilson, App.
Court of Appeals of Washington, 2017
Estate Of Mildred G. Johnson
Court of Appeals of Washington, 2016

Cite This Page — Counsel Stack

Bluebook (online)
227 P.3d 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-v-wilson-wash-2010.