ESTATE OF BUNCH v. McGRAW RESIDENTIAL CTR.

275 P.3d 1119, 174 Wash. 2d 425
CourtWashington Supreme Court
DecidedMay 3, 2012
Docket85679-6
StatusPublished
Cited by10 cases

This text of 275 P.3d 1119 (ESTATE OF BUNCH v. McGRAW RESIDENTIAL CTR.) 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
ESTATE OF BUNCH v. McGRAW RESIDENTIAL CTR., 275 P.3d 1119, 174 Wash. 2d 425 (Wash. 2012).

Opinion

275 P.3d 1119 (2012)
174 Wn.2d 425

The ESTATE OF Ashlie BUNCH, by and through its Personal Representative, Steven Bunch; and Steven Bunch, individually, Plaintiffs,
v.
McGRAW RESIDENTIAL CENTER, a d/b/a of Seattle Children's Home, a Washington nonprofit corporation, Respondent, and
Alexander Chun, individually; Edrene Patterson and Anthony Patterson, husband and wife; Susan Riley and Roy Riley, Jr., husband and wife; and John and Jane Does 1-10, Defendants, and
Amy Kozel, Petitioner-Intervenor.

No. 85679-6.

Supreme Court of Washington, En Banc.

Argued November 8, 2011.
Decided May 3, 2012.

*1121 Elena Luisa Garella, Attorney at Law, Jeffrey Lawrence Herman, Herman Law Firm LLC, Seattle, WA, for Petitioner.

Lawrence M. Kahn, Lawrence Kahn Law Group PS, Bellevue, WA, for Plaintiffs.

Pamela Marie Andrews, Kristen Dorrity, Andrews Skinner, P.S., Seattle, WA, for Respondent.

George M. Ahrend, Ahrend Albrecht PLLC, Moses Lake, WA, Bryan Patrick Harnetiaux, Spokane, WA, amicus counsel for Washington State Assoc. for Justice.

OWENS, J.

¶ 1 This case arises out of the tragic death of a teenage girl, Ashlie Bunch. Ashlie's adoptive father, Steven Bunch (Bunch) brought an action under RCW 4.24.010, a statute creating a right of action for the injury or death of a child, against the treatment center where Ashlie committed suicide, McGraw Residential Center. Ashlie's adoptive mother, Amy Kozel, sought to join the lawsuit as a necessary party under CR 19(a). The superior court denied Kozel's motion and the Court of Appeals affirmed. Finding that Kozel satisfied statutory standing requirements and CR 19(a), we reverse the Court of Appeals and remand for further proceedings.

Facts

¶ 2 This case involves both disputed and undisputed facts. There is no dispute about the facts prior to 2003. In 1998, Kozel and Bunch, then married and living in Florida, adopted two biological sisters: Ashlie and Emily. Ashlie was two years older than Emily. In 2001, Kozel and Bunch divorced. Ashlie and Emily remained with Kozel in Florida while Bunch moved to Washington State. Kozel provided all parental functions while Bunch visited his daughters twice and regularly contributed child support. This arrangement lasted until 2003.

¶ 3 In 2003, Kozel and Bunch arranged for Ashlie to move to Washington and live with Bunch. Kozel decided that this was necessary because Ashlie, who was at some point diagnosed with, among other things, a fetal alcohol spectrum disorder, oppositional defiant disorder, posttraumatic stress disorder, and attention deficit hyperactivity disorder, began assaulting her younger sister Emily.

¶ 4 Kozel and Bunch give conflicting accounts of Kozel's involvement in Ashlie's life following Ashlie's move to Washington. Kozel claims that she "spoke with [Ashlie] regularly by phone, at least once a week, until she was admitted to inpatient facilities," sent her Christmas presents, and hoped that Ashlie would be able to live with Emily and Kozel again in the future. Clerk's Papers at 57. Bunch, on the other hand, claims that Kozel "did not have a relationship of any kind with Ashlie," only once sent a Christmas present to Ashlie, and called Ashlie only once. Id. at 69-70.

¶ 5 Around 2006, Ashlie's mental health issues appear to have worsened. In 2006, Ashlie was hospitalized at three different children's hospitals because of her mental health problems. On March 13, 2007, Ashlie was involuntarily committed to Kitsap Mental Health Hospital due to her statements that she intended to kill herself. In May 2007, she was transferred to the McGraw Residential Center. While under the care of the McGraw Residential Center, Ashlie committed suicide on January 29, 2008.

¶ 6 In May 2009, Bunch, on behalf of himself and Ashlie's estate, filed a complaint in King County Superior Court against McGraw Residential Center and several of its employees. He alleged the tort of outrage, medical malpractice, negligent hiring, training, and supervision, and wrongful death of a child. Bunch provided Kozel with notice of the action in accordance with RCW 4.24.010. In June 2009, Kozel filed a timely motion to intervene pursuant to CR 19(a). McGraw Residential Center and Bunch both opposed Kozel's motion to intervene. The trial court denied Kozel's motion to intervene without stating its basis for doing so. Kozel filed a timely notice of appeal on July 14, 2009. On September 21, 2009, while the appeal remained pending, the trial court dismissed the case pursuant to a stipulation between Bunch and McGraw Residential Center that followed a settlement between the two parties.

*1122 ¶ 7 On February 7, 2011, a divided panel of the Court of Appeals affirmed the trial court's order denying Kozel's motion to intervene. Estate of Bunch v. McGraw Residential Ctr., 159 Wash.App. 852, 855, 248 P.3d 565 (2011). We granted Kozel's petition for review. Estate of Bunch v. McGraw Residential Ctr., 171 Wash.2d 1021, 257 P.3d 662 (2011).

Issue

Did the trial court err in denying Kozel's motion to intervene?

Analysis

I. Standard of Review

¶ 8 "The trial court's decision on whether a party is necessary under CR 19(a) is reviewed for an abuse of discretion." Freestone Capital Partners, LP v. MKA Real Estate Opportunity Fund I, LLC, 155 Wash.App. 643, 669, 230 P.3d 625 (2010) (citing Gildon v. Simon Prop. Grp., Inc., 158 Wash.2d 483, 493, 145 P.3d 1196 (2006)). Legal conclusions, including the proper interpretations of statutes, are reviewed de novo. Gildon, 158 Wash.2d at 493, 145 P.3d 1196; Dowler v. Clover Park Sch. Dist. No. 400, 172 Wash.2d 471, 481, 258 P.3d 676 (2011).

II. The Trial Court Erred in Denying Kozel's Motion To Intervene

¶ 9 The trial court erred in denying Kozel's motion to intervene pursuant to CR 19(a).[1] CR 19(a) provides, in relevant part, as follows:

A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if ... (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.

A party satisfying the requirements of CR 19(a) is a "necessary party." Burt v. Dep't of Corr., 168 Wash.2d 828, 833, 231 P.3d 191 (2010) (plurality opinion); id. at 839, 231 P.3d 191 (Sanders, J., concurring). There appears to be no dispute that if Kozel has standing under RCW 4.24.010, she would be a necessary party under CR 19(a). Kozel was clearly subject to service of process, and her joinder would not deprive the court of jurisdiction.

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Cite This Page — Counsel Stack

Bluebook (online)
275 P.3d 1119, 174 Wash. 2d 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-bunch-v-mcgraw-residential-ctr-wash-2012.