Estate of Bunch v. McGraw Residential Center

159 Wash. App. 852
CourtCourt of Appeals of Washington
DecidedFebruary 7, 2011
DocketNo. 63847-5-I
StatusPublished
Cited by3 cases

This text of 159 Wash. App. 852 (Estate of Bunch v. McGraw Residential Center) 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
Estate of Bunch v. McGraw Residential Center, 159 Wash. App. 852 (Wash. Ct. App. 2011).

Opinions

Cox, J.

¶1 — Amy Kozel appeals the trial court’s order denying her motion to intervene in this wrongful death of a child action by Steven Bunch, the personal representative of the child’s estate and the child’s father. On this record, the trial court did not abuse its discretion in denying Kozel’s motion. We affirm.

¶2 The material facts are largely undisputed. They are documented in this record by two declarations, one from each of the deceased child’s parents.

¶3 In October 1992, Ashlie Bunch was born to a substance-addicted mother.1 During their marriage, Steven Bunch and Amy Kozel adopted Ashlie and her younger sister. Bunch and Kozel were then residing in Florida. They divorced in 2001, three years after the two adoptions.

¶4 Thereafter, Bunch moved to Washington. Ashlie and her younger sister remained in Florida with Kozel for the next two years. At some point, Ashlie began to suffer from mental illness. During that time, Bunch regularly paid child support for both children and visited them annually.

¶5 In 2003, Kozel sent Ashlie to live with Bunch in Washington after she began to exhibit abusive behavior toward her younger sister. After she arrived in Washington, Ashlie had several inpatient mental health stays ranging from four days up to five weeks. In March 2007, a court committed her to Kitsap Memorial Hospital for psychiatric treatment based on her self-reporting that she had suicidal thoughts. In May of that year, a court ordered her transferred to McGraw Residential Center for further inpatient psychiatric treatment.

¶6 In January 2008, while in the residential care of McGraw Center, 15-year-old Ashlie took her own life.

¶7 More than a year after Ashlie’s death, Bunch, individually and as personal representative of Ashlie’s estate, commenced this wrongful death action against McGraw Center and others. He claimed, among other things, a [856]*856permanent loss of parent-child consortium under RCW 4.24.010. That statute permits the mother, father, or both, of a minor child to sue for that child’s death, provided the parent “has regularly contributed to the support of his or her minor child.”2

¶8 Bunch did not join Kozel to the action. However, pursuant to the provisions of RCW 4.24.010, he provided her with written notice of the suit. Kozel moved to intervene based on her declaration and briefing. Bunch opposed her intervention with his own declaration and briefing. We discuss in more detail these submissions of the parties later in this opinion. The trial court denied the motion to intervene.

¶9 Kozel appeals the order denying her motion to intervene.

REGULAR CONTRIBUTION TO THE SUPPORT OF ONE’S MINOR CHILD

¶10 Kozel argues that the trial court abused its discretion in denying her motion to intervene. Specifically, she argues that she is entitled to intervene based on RCW 4.24.010 and CR 19. For the first time on appeal, she also argues that she is entitled to intervene based on CR 24.

¶11 We hold that she has failed to show that the trial court abused its discretion in denying her request to intervene based on either RCW 4.24.010 or CR 19. We do not address her new argument on appeal based on CR 24.

¶12 We review a CR 19 decision for an abuse of discretion, with the caveat that any legal conclusion underlying the decision is reviewed de novo.3 Under CR 19, the court must determine whether a party is needed for a just adjudication.4 CR 19(a) provides in part:

[857]*857A person ... shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties, or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (A) as a practical matter impair or impede his ability to protect that interest or (B) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.

The court also considers to what extent a judgment rendered in the person’s absence might be prejudicial to them, and whether a judgment rendered in the person’s absence will be adequate.5

¶13 The goal of statutory interpretation is to carry out the intent of the legislature.6 When engaging in statutory interpretation, this court looks first to the plain language of the statute.7 This court interprets the words and phrases used in accordance with statutory definitions.8 In the absence of statutory definitions, standard dictionary definitions control.9 If the statute’s meaning is plain on its face, the inquiry ends.10 A statute is ambiguous, however, when it is susceptible to two or more reasonable interpretations.11 But a statute is not ambiguous merely because different interpretations are conceivable.12

¶14 When statutory language is unclear, we may review legislative history to determine the scope and purpose of a [858]*858statute.13 Strained meanings and absurd results should be avoided.14 The meaning of a statute is a question of law that this court reviews de novo.15

¶15 RCW 4.24.010 provides in relevant part:

A mother or father, or both, who has regularly contributed to the support of his or her minor child . . . may maintain or join as a party an action as plaintiff for the injury or death of the child.
This section creates only one cause of action, but if the parents of the child are not married, are separated, or not married to each other damages may be awarded to each plaintiff separately, as the trier of fact finds just and equitable.
If one parent brings an action under this section and the other parent is not named as a plaintiff, notice of the institution of the suit, together with a copy of the complaint, shall be served upon the other parent: PROVIDED, That notice shall be required only if parentage has been duly established.
In such an action, in addition to damages for medical, hospital, medication expenses, and loss of services and support, damages may be recovered for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship in such amount as, under all the circumstances of the case, may be just.[16]

¶16 “ ‘[C]auses of action for wrongful death are strictly a matter of legislative grace and are not recognized in the common law.’ ”17

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Related

ESTATE OF BUNCH v. McGRAW RESIDENTIAL CTR.
275 P.3d 1119 (Washington Supreme Court, 2012)
Estate of Bunch v. McGraw Residential Center
174 Wash. 2d 425 (Washington Supreme Court, 2012)
State v. Clark
883 P.2d 333 (Court of Appeals of Washington, 1994)

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Bluebook (online)
159 Wash. App. 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-bunch-v-mcgraw-residential-center-washctapp-2011.