Minehart v. MORNING STAR BOYS RANCH, INC.

232 P.3d 591
CourtCourt of Appeals of Washington
DecidedJune 8, 2010
Docket28981-8-III
StatusPublished
Cited by18 cases

This text of 232 P.3d 591 (Minehart v. MORNING STAR BOYS RANCH, INC.) 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
Minehart v. MORNING STAR BOYS RANCH, INC., 232 P.3d 591 (Wash. Ct. App. 2010).

Opinion

232 P.3d 591 (2010)

George H. MINEHART II, Petitioner,
v.
MORNING STAR BOYS RANCH, INC., fka Spokane Boys Ranch, Inc., a Washington corporation; Father Joe Weitensteiner, individually, Respondents and Cross-Petitioners.

No. 28981-8-III.

Court of Appeals of Washington, Division 3.

June 8, 2010.

*593 Derek P. Radtke, Ralph Glenn Phillips, Phillips & Webster PLLC, Woodinville, WA, Martin Gales, Attorney at Law, Spokane, WA, for Petitioner.

James B. King, Christopher Joseph Kerley, Evans, Craven & Lackie, P.S., Michael Early McFarland Jr., Attorney at Law, Spokane, WA, for Respondents and Cross-Petitioners.

KORSMO, A.C.J.

¶ 1 The parties have brought competing motions for discretionary review of rulings on various motions in limine in a pending trial in the Spokane County Superior Court.[1] The matter was referred to a panel of judges for consideration pursuant to RAP 17.2(b). The parties appeared for oral argument. The motions for discretionary review are both denied. We exercise the discretion granted by RAP 17.6(b) to explain our reasoning in this opinion.

FACTS

¶ 2 This is the second of some 19 separate actions brought by individuals who formerly lived at Morning Star Boy's Ranch, Inc. (MSBR).[2] Each case, we are told, involves allegations that the plaintiff was sexually abused by MSBR director Father Joe Weitensteiner and/or other members of the staff of the facility. In addition to having Fr. Weitensteiner found individually liable, the plaintiffs seek to hold MSBR liable for damages on various theories including civil conspiracy.[3]

¶ 3 The first trial resulted in the jury returning a defense verdict. The parties renewed their motions in limine for the second trial involving claims by plaintiff George Minehart II. As relevant here, the trial court excluded testimony from other former MSBR residents[4] who allege they were sexually abused while resident at the ranch if the witness failed to report the incident to MSBR employees or authorities. The court permitted testimony of other residents who did report abuse. In each instance the trial court weighed the prejudicial impact of the proposed testimony against its probative value. Where the abuse was reported, the court found the testimony admissible in support of the conspiracy and vicarious liability theories as tending to prove knowledge by MSBR. Where the abuse was not reported, the court determined that the evidence was more prejudicial than probative.

¶ 4 Mr. Minehart seeks discretionary review of the decision to exclude six of his proposed witnesses and the limitations placed on the testimony of a seventh. The defendants seek review of the court's decision to permit testimony from five former residents, as well as testimony from investigators and an expert witness. They also allege the trial court should not have suppressed evidence that Fr. Weitensteiner passed a polygraph examination.

ANALYSIS

¶ 5 Interlocutory review is disfavored. Maybury v. City of Seattle, 53 Wash.2d 716, 721, 336 P.2d 878 (1959). "Piecemeal appeals of interlocutory orders must be avoided in the interests of speedy and economical disposition of judicial business." Id. Pretrial review of rulings confuses the functions of trial and appellate courts. A trial court finds facts and applies rules and statutes to the issues that arise in the course of a trial. An appellate court reviews those rulings for legal error and considers the *594 harm of the alleged error in the context of its impact on the entire trial. An appellate court is not competent to review most evidentiary rulings when a trial has not yet occurred both because it does not find its own facts and because it is incapable of assessing the impact of the evidence on the whole case.

¶ 6 Interlocutory review is available in those rare instances where the alleged error is reasonably certain and its impact on the trial manifest. RAP 2.3(b) defines four situations in which an appellate court may grant pretrial review. Only the first two of those criteria are argued by the parties:

(1) The superior court has committed an obvious error which would render further proceedings useless;
(2) The superior court has committed probable error and the decision of the superior court substantially alters the status quo or substantially limits the freedom of a party to act.

RAP 2.3(b)(1), (2).[5] Under these criteria, there is an inverse relationship between the certainty of error and its impact on the trial. Where there is a weaker argument for error, there must be a stronger showing of harm.[6]

¶ 7 An appellate court reviews a trial court's evidentiary rulings for abuse of discretion. E.g., State v. Powell, 126 Wash.2d 244, 258, 893 P.2d 615 (1995); Kappelman v. Lutz, 167 Wash.2d 1, 6, 217 P.3d 286 (2009). Discretion is abused when it is exercised on untenable grounds or for untenable reasons. State ex rel. Carroll v. Junker, 79 Wash.2d 12, 26, 482 P.2d 775 (1971). Thus, even where an appellate court disagrees with a trial court, it may not substitute its judgment for that of the trial court unless the basis for the trial court's ruling is untenable. An errant interpretation of the law is an untenable reason for a ruling. State v. Tobin, 161 Wash.2d 517, 523, 166 P.3d 1167 (2007).

¶ 8 With these well-settled principles in mind, it is clear that discretionary review is not warranted in this case. The court determined which evidence of other incidents of sexual abuse would be admitted or excluded on ER 404(b) grounds, after applying the four-part test established by our case law. State v. Lough, 125 Wash.2d 847, 889 P.2d 487 (1995).[7] It is the job of the trial judge to decide what evidence will be presented to a jury. ER 104.[8]

¶ 9 Mr. Minehart proposed to offer the evidence of other incidents of sexual abuse for two purposes: knowledge on the part of MSBR, and common plan. In determining whether the incidents occurred, the trial court reviewed the deposition testimony offered by the parties, and explained her *595 decision as turning largely on the presence or absence of evidence to corroborate the witnesses' present testimony that the abuse occurred. The corroborating evidence identified by the trial court was limited in this case to whether the incidents were reported to authorities. Plaintiff attacks the trial court's decision that it did not believe several of the witnesses, while defendants attack the trial court's determination that some of the abuse did occur. These arguments do not establish error. Credibility determinations are peculiarly matters for the trier-of-fact and may not be second-guessed by an appellate court. Thorndike v. Hesperian Orchards, Inc., 54 Wash.2d 570, 572, 575, 343 P.2d 183 (1959); Quinn v. Cherry Lane Auto Plaza, Inc., 153 Wash.App. 710, 717, 225 P.3d 266 (2009).

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Bluebook (online)
232 P.3d 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minehart-v-morning-star-boys-ranch-inc-washctapp-2010.