Barnes v. Outlaw
| Citation | 937 P.2d 323,188 Ariz. 401 |
| Decision Date | 29 August 1996 |
| Docket Number | No. 2,CA-CV,2 |
| Parties | James BARNES and Rose Mary Martinez-Barnes, husband and wife; Naomi Martinez Outlaw, in her individual capacity; Isaac Martinez, in his individual capacity, Plaintiffs/Appellees, v. James OUTLAW, Jr. and Cleopatra Outlaw, husband and wife; Andrew Outlaw, in his individual capacity; The Church Of Jesus, an Arizona non-profit corporation, Defendants/Appellants. 96-0045. |
| Court | Court of Appeals of Arizona |
Defendants/appellants James and Cleopatra Outlaw, their son Andrew Outlaw, and the Church of Jesus appeal from jury verdicts in favor of plaintiffs/appellees Rose Mary Martinez-Barnes, Naomi Martinez Outlaw, and Isaac Martinez on their claims for damages resulting from counseling malpractice breach of fiduciary duty, false light invasion of privacy, invasion of privacy and defamation, and James Barnes's claim for loss of consortium. Appellants challenge the trial court's subject matter jurisdiction and also argue that the court erred in instructing the jury and in denying their motions for directed verdict and judgment notwithstanding the verdict. For the reasons set forth below, we affirm in part and vacate in part.
On appeal from a judgment entered on a jury verdict, we view the evidence, and all reasonable inferences arising therefrom, in the light most favorable to the prevailing party. Callender v. Transpacific Hotel Corp., 179 Ariz. 557, 880 P.2d 1103 (App.1993). Rose Mary Martinez-Barnes is the older sister of Naomi Martinez Outlaw and Isaac Martinez. In the summer of 1986, Pastor J.P. Kirkland referred Rose to James Outlaw, pastor of the Church of Jesus, for counseling, in view of Outlaw's many years of counseling experience. In September, Rose met with Outlaw for help with emotional problems following the breakup of her relationship with Kirkland, with whom she had lived for nine months. Rose subsequently joined the Church and continued to meet with Outlaw for counseling, relating to him highly personal and private matters, including her feelings of guilt about having had a meretricious relationship with a clergyman. About two years later, Naomi moved to Phoenix and joined the Church at Rose's suggestion.
In early 1990, Isaac told Rose he was troubled because his wife had been unfaithful to him. Because she believed Outlaw had helped her, Rose encouraged Isaac to seek counseling with Outlaw about his wife's infidelity. In June, Isaac met with Outlaw and confided that his wife was having an affair with his father. He also confided that, in retaliation for his wife's adulterous conduct, he had had an affair with a close friend of hers. Later, when Rose discovered that her sister-in-law's affair had been with her father, she also discussed the matter with Outlaw.
Naomi and Andrew Outlaw, James Outlaw's son and an associate pastor of the Church, began dating and were married in early 1992. They underwent premarital and marriage counseling with Outlaw. After one counseling session, Naomi met with Outlaw alone and confided to him that her father had once embraced her in an "uncomfortable way." That July, Rose and James Barnes were also married in the Church after undergoing premarital counseling with Outlaw.
By November, Naomi and Andrew had been separated for several months. In December, Naomi went to see him at home and found him and another woman there, both unclothed. A few days later, Andrew served Naomi with annulment papers, alleging "[m]isrepresentation at time of marriage" on Naomi's part. Believing that the annulment was to save Andrew and Outlaw from disgrace in the Church and to counter the accusations made against Naomi in the annulment papers, Rose contacted Church leaders and told them what had happened between Andrew and Naomi. One of the "elders" invited Rose and Naomi to attend a meeting after Sunday services to discuss the situation.
Rose and Naomi went to the Church that Sunday. After the service, Outlaw called Rose into his office and told her he had canceled the meeting. With his wife present, Outlaw told Rose that Naomi was "screwed up" because she had been molested by their father, and intimated he would reveal his "knowledge of [Rose] and a man named Kirkland" if she and Naomi did not drop their accusations against Andrew. As Rose and Naomi were leaving, they were confronted by Outlaw's mother, who told them to stop lying about Andrew because "we know things about your family." Outlaw's sister joined in, telling them not to say anything about Andrew, stating "we know things about your father," and accusing him of adultery. When Rose and Naomi returned to Outlaw's office to use the telephone, Outlaw told them what a "no good" person their father was because he "had sex with his daughters." Outlaw also said that if Rose and Naomi did not drop their accusations against Andrew, they would find out "what kind of person" Outlaw was. During this exchange, the office door was open and Outlaw's son-in-law was sitting in an empty pew in the sanctuary.
Later that day Outlaw and a Church administrator had a conversation in which Outlaw described the discord between Rose and Naomi and his family. Outlaw also told him that there were "incest problems" between the Martinez siblings and their father and that he had learned of the incest during his counseling sessions with Rose, Naomi, and Isaac. During a Wednesday evening service, Outlaw described Rose's and Naomi's conduct to the congregation, "marked" them as causing division in the Church, and stated that their family was "incestuous" and "dysfunctional." A few days later, Outlaw called a meeting with the Church elders, during which he reported he had counseled Naomi and had been reluctant to show her affection "because of some of the things which had happened to her in the past." He also read aloud a portion of a letter she had written Andrew.
Rose, Naomi, Isaac, and James sued the Outlaws and the Church, asserting numerous claims for relief. At the close of plaintiffs' evidence, the defendants moved for a directed verdict on all claims. The claims for intentional infliction of emotional distress, negligent supervision, conspiracy to inflict emotional distress, and disregard of the Church's corporate entity were dismissed, as were all of James's claims except loss of consortium, and all claims against Andrew. The claims for false light invasion of privacy, invasion of privacy, defamation, malpractice, breach of fiduciary duty, and James's loss of consortium claim were submitted to the jury, which found for appellees on all counts. Appellants' subsequent motions for new trial and judgment notwithstanding the verdict were denied.
Appellants first contend that the trial court lacked subject matter jurisdiction under the doctrine of ecclesiastical abstention. They argue that Outlaw was motivated by a "biblical admonition" when he brought appellees' conduct to the attention of the congregation during the "marking" and that the "essence" of the injuries appellees claimed was the termination of their relationship with the Church and its members. As a result, they contend, the trial court was barred from "addressing religious controversies which were beyond the jurisdiction of civil authority."
The doctrine of ecclesiastical abstention prohibits courts from determining issues of canon law. Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976). It is not applicable here because this dispute can be resolved without inquiry into religious law and polity. We need not consider the "marking" ritual nor its origins in resolving these issues. Outlaw revealed confidences from his counseling sessions with Naomi to Rose and threatened to publicize Rose's involvement with Kirkland. He divulged confidences of Naomi, Rose, and Isaac to his wife, mother, sister, and the Church administrator and also relayed false information to them. There was no evidence that this conduct was part of the observance of the Church's religious practices or beliefs; thus, the doctrine of ecclesiastical abstention has no bearing here. See Paul v. Watchtower Bible and Tract Society of New York, 819 F.2d 875, 878 n. 1 (9th Cir.), cert. denied, 484 U.S. 926, 108 S.Ct. 289, 98 L.Ed.2d 249 (1987).
Moreover, appellants misstate appellees' injury claims. In their complaint, appellees alleged intentional infliction of emotional distress, loss of consortium, damage to their reputations, and exposure to public ridicule and disgrace. That the injuries occurred in a religious setting does not render them noncompensable, nor does it deprive the court of jurisdiction. See McNair v. Worldwide Church of God, 197 Cal.App.3d 363, 242 Cal.Rptr. 823 (1987) (); Hester v. Barnett, 723 S.W.2d 544 (Mo.App.1987) (); Guinn v. Church of Christ of Collinsville, 775 P.2d 766 (Okla.1989) ().
We next address appellants' challenge to the trial court's malpractice instruction to the jury as legally erroneous and unsupported by the evidence. On appeal, "[j]ury instructions are viewed as a whole, with an eye toward determining whether or not the jury has...
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