Kappelman v. Lutz

217 P.3d 286
CourtWashington Supreme Court
DecidedSeptember 17, 2009
Docket80996-8
StatusPublished
Cited by43 cases

This text of 217 P.3d 286 (Kappelman v. Lutz) 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
Kappelman v. Lutz, 217 P.3d 286 (Wash. 2009).

Opinion

217 P.3d 286 (2009)

Amber L. KAPPELMAN, Petitioner,
v.
Theodore J. LUTZ, Respondent.

No. 80996-8.

Supreme Court of Washington, En Banc.

Argued February 24, 2009.
Decided September 17, 2009.

*287 Gordon Thomas Carey, Jr., Attorney at Law, Portland, OR, for Petitioner.

Jackson H. Welch, Duggan Schlotfeldt & Welch PLLC, Vancouver, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 Amber Kappelman was injured while riding on Theodore Lutz's motorcycle when the motorcycle hit a deer. In Kappelman's suit for damages, the trial court disallowed evidence that Lutz did not have a motorcycle endorsement and violated the conditions of his instructional permit. The court also gave an instruction to the jury on the lesser duty of one confronted by a sudden emergency. The jury returned a verdict for Lutz. The Court of Appeals affirmed. We affirm the decision of the Court of Appeals.

FACTS AND PROCEDURAL HISTORY

¶ 2 Respondent Theodore Lutz took the petitioner Amber Kappelman[1] for a ride on his motorcycle at dusk on a state highway in an unincorporated area. Lutz did not have a motorcycle endorsement on his license as required by RCW 46.20.500(1), amended by Laws of 2009, ch. 275, § 4 (effective July 26, 2009) (redefining class of vehicles requiring special endorsement). Lutz had an instructional permit, which prohibited him from carrying passengers or operating a motorcycle during hours of darkness.[2]

*288 ¶ 3 The motorcycle was traveling over the 55 mile per hour speed limit when Lutz saw a deer off to his left, coming down toward the road.[3] In less than a second, the deer reached the shoulder of the road. Lutz realized the deer was going to enter the road and swerved to the right of his lane, away from the deer. He also began to decelerate by a combination of light braking and downshifting. The deer entered the roadway, crossed the oncoming lane of traffic, and entered Lutz's lane. At 50 feet from impact, Lutz realized he was not going to be able to avoid hitting the deer and stood on the brakes hard, causing the bike to skid. The motorcycle hit the deer. Between three and four seconds elapsed from the time Lutz first saw the deer until impact.

¶ 4 Kappelman was injured and sued Lutz for damages. At trial, Lutz moved to exclude any evidence that he did not have a motorcycle endorsement and was operating the motorcycle in violation of the restrictions on his instructional permit. He argued that the evidence was not relevant to the determination of negligence and that its prejudicial effect outweighed its probative value. In an oral ruling, the judge agreed and refused to allow evidence related to Lutz's licensing status or permit violations.[4]

¶ 5 During trial, Lutz presented testimony regarding his experience riding motorcycles and other off-road vehicles. He also testified that he did not apply his brakes hard when he first saw the deer because he was concerned about losing control of the motorcycle before reaching the deer. Lutz requested a jury instruction on the duty of one confronted by an emergency, which the court gave. After trial, the jury returned a special verdict[5] for Lutz and the court entered judgment accordingly.

¶ 6 Kappelman appealed, alleging numerous errors including that the trial court erred in excluding the evidence relating to Lutz's license status and permit violations, and erred in giving an emergency instruction to the jury. In a published opinion, a divided panel of Division Three of the Court of Appeals held that the trial court did not abuse its discretion, and affirmed. Kappelman v. Lutz, 141 Wash.App. 580, 591, 170 P.3d 1189 (2007). A petition for review was filed with this court, which was granted. Kappelman v. Lutz, 164 Wash.2d 1001, 190 P.3d 54 (2008).

STANDARD OF REVIEW

¶ 7 A trial court's decision to exclude evidence will be reversed only where it has abused its discretion.[6]State v. Lord, 161 Wash.2d 276, 294, 165 P.3d 1251 (2007). An abuse of discretion occurs when the trial court's decision is based on untenable grounds or untenable reasons. See State v. Athan, 160 Wash.2d 354, 376, 158 P.3d 27 (2007).

¶ 8 We have not previously defined the proper standard of review for a trial court's decision to give or refuse to give an emergency instruction. A trial court's decision to give a jury instruction is reviewed de novo if based upon a matter of law, or for abuse of discretion if based upon a matter of fact. See State v. Walker, 136 Wash.2d 767, 771-72, 966 P.2d 883 (1998). Unlike the self-defense instruction at issue in Walker, the emergency doctrine has no objective component; the trial court is not required to draw any legal conclusions to determine whether the doctrine applies. Compare Walker, 136 Wash.2d at 772, 966 P.2d 883, with Brown v. Spokane County Fire Prot. Dist. No. 1, 100 *289 Wash.2d 188, 197, 668 P.2d 571 (1983).[7] The trial court must merely decide whether the record contains the kind of facts to which the doctrine applies. Therefore, we review the trial court's decision to give an emergency instruction for abuse of discretion.

ANALYSIS

¶ 9 We first decide whether the trial court abused its discretion by excluding evidence that Lutz did not have a motorcycle endorsement and violated the conditions of his instructional permit. We must also decide whether the trial court abused its discretion in giving the jury an instruction on emergency.

A. License Status

¶ 10 Holz v. Burlington N. R.R., 58 Wash. App. 704, 711-13, 794 P.2d 1304 (1990), is informative. Holz died when he unwittingly drove his motorcycle at night into a black railroad tank car straddling an unlit road. Id. at 705, 794 P.2d 1304. Holz's family sued Burlington Northern for damages. Id. At the time of the accident, Holz had neither a motorcycle endorsement nor a learner's permit. Id. at 705-06, 794 P.2d 1304.

¶ 11 Burlington Northern sought to prove contributory negligence. Prior to trial, the plaintiffs moved to exclude any reference to the fact that Holz was not licensed to ride a motorcycle. Id. at 705, 794 P.2d 1304. Burlington Northern argued that Holz's unlicensed status was relevant because it was a cause-in-fact of the accident (i.e., without Holz's violation of the statute, there would have been no accident). Id. at 705-06, 709, 794 P.2d 1304.

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

Related

Naomi Bennett, V. Providence Health & Services
Court of Appeals of Washington, 2025
Kenneth Wren, et ux. v. Stanford and Sons, LLC
Court of Appeals of Washington, 2025
Loanita Adams, V. Nasro Ugas
Court of Appeals of Washington, 2025
Mariano Romulo, V. Seattle Public Utilities, Et Ano.
Court of Appeals of Washington, 2022
Austin K. Fite, V. City Of Puyallup
Court of Appeals of Washington, 2021
State of Washington v. David Robert Vigil
Court of Appeals of Washington, 2021
Rebecca West, V. Ride The Ducks International, Llc
Court of Appeals of Washington, 2021
Arthur R. Soucy v. Dr. David Gilbertson, Et Ano
Court of Appeals of Washington, 2020
Gerri S. Coogan v. Borg-warner Morse Tec, Inc.
Court of Appeals of Washington, 2020
Hendrickson v. Moses Lake Sch. Dist.
428 P.3d 1197 (Washington Supreme Court, 2018)
State v. Yelovich
426 P.3d 723 (Washington Supreme Court, 2018)
In Re The Marriage Of Pamela And Robert Flagella
Court of Appeals of Washington, 2017
State of Washington v. John J. Munzanreder
398 P.3d 1160 (Court of Appeals of Washington, 2017)
William Newcomer, T v. Michael Cohen
Court of Appeals of Washington, 2017
Taylor v. Intuitive Surgical, Inc.
389 P.3d 517 (Washington Supreme Court, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
217 P.3d 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kappelman-v-lutz-wash-2009.