Fayette County Board of Education v. Maner, No. 2007-CA-002243-MR (Ky. App. 5/22/2009)
| Decision Date | 22 May 2009 |
| Docket Number | No. 2007-CA-002395-MR.,No. 2007-CA-002243-MR.,2007-CA-002243-MR.,2007-CA-002395-MR. |
| Parties | FAYETTE COUNTY BOARD OF EDUCATION, Appellant/Cross-Appellee. v. Carol Lynne MANER, and Her Attorneys Christopher D. Miller, Charles W. Arnold, William C. Rambicure, and The Law Firms, Charles W. Arnold, PLC and Rambicure and Miller, PSC, Appellees/Cross-Appellants. |
| Court | Kentucky Court of Appeals |
Larry C. Deener, Elizabeth A. Deener, Lexington, Kentucky, Stephen L. Barker, Bryan H. Beauman, Merrie K. Winfrey, Lexington, Kentucky, Briefs for Appellant/Cross-Appellee.
Larry Deener, Lexington, Kentucky, Stephen L. Barker, Lexington, Kentucky, Oral Argument for Appellant/Cross-Appellee.
Charles W. Arnold, Lexington, Kentucky, Christopher D. Miller, William C. Rambicure, Lexington, Kentucky, Briefs for Appellees/Cross-Appellants.
Christopher D. Miller, Lexington, Kentucky, Oral Argument for Appellees/Cross-Appellants.
Before: DIXON and MOORE, Judges; KNOPF, Senior Judge.
Not to be Published
This matter is before us after a seven-day jury trial in the Fayette Circuit Court wherein the jury returned a $3,700,000 verdict in favor of Appellee Carol Lynne Maner (Lynne). Lynne also recovered her costs and attorneys' fees in the amount of $241,881.12. The Fayette County Board of Education appeals alleging errors on multiple grounds, and Lynne cross-appeals claiming the circuit court erred in denying post-judgment interest.
This is a most unfortunate case arising out of events beginning when Lynne was an eighth grade student at Beaumont Junior High School in 1978 and continuing through her senior year when she was a student at Lafayette High School. Evidence was presented at trial that she was sexually abused by several teachers and a guidance counselor while she was a student.
According to the testimony at trial, the abuse started when Roberta Blackwell, an art teacher at Beaumont, befriended Lynne. Blackwell took an interest in Lynne, which included Blackwell's spending time at Lynne's home; Lynne's spending time at Blackwell's home; Blackwell's driving Lynne to and from school; Blackwell's allowing Lynne to babysit at Blackwell's home and spending the night there when she did so; and Blackwell's taking Lynne on vacation and out to eat.
Lynne, whose own mother suffered from mental illness, testified that in the beginning her relationship with Blackwell was like a mother and daughter. Blackwell even wrote a note to Lynne, which is of record, that she felt like Lynne's mother.
Lynne further testified that Blackwell became more and more involved in her life and that Blackwell started to say negative things about Lynne's parents to her, including that her mother was dangerous and crazy. Lynne's relationship with her parents worsened, and she felt safe with Blackwell, believing Blackwell to have a normal family life. Lynne later testified that she felt like Blackwell "brainwashed" her against her own family.
According to Lynne, Blackwell grew possessive and jealous of her. Blackwell did not like Lynne "hanging out" with her middle school friends.
Lynne testified that Blackwell began rubbing her back and touching her in a nonsexual way; however, the touching moved to sexual abuse when Lynne was fifteen. The first time the abuse occurred was after Lynne babysat Blackwell's child and spent the night in Blackwell's guest bedroom. Blackwell came into the guest bedroom; got into bed with Lynne; kissed her on the mouth and neck; and then sexually molested her. During her testimony, Lynne stated that Blackwell's sexual abuse of her continued through her senior year of high school and that she could not count the number of times Blackwell molested her. Blackwell even took Lynne out of high school classes to have sexual relations with her at Blackwell's residence.
Lynne testified that when she was in the ninth grade, around the age of fifteen, Blackwell got more possessive. Blackwell did not want Lynne to date nor have friends.
The situation with Blackwell, including the ongoing sexual molestation, confused Lynne. She believed that her science teacher, Russell Hubbard, was approachable about the situation with Blackwell. Lynne confided in Hubbard about the sexual relationship with Blackwell. At first, Hubbard was nurturing and concerned. Hubbard had been at Blackwell's house while Lynne was there.
According to Lynne, Hubbard told her she was special and that she should protect Blackwell. He told Lynne that she could confide in him any time.
Sometime later, Lynne was present at Blackwell's home and according to her, Hubbard told Blackwell to bring Lynne to his home. Blackwell drove Lynne there and told her to go into Hubbard's home. While inside, Lynne testified that Hubbard taught her how to roll and smoke a marijuana cigarette. Afterward, he took her into the bedroom, undressed her, had oral sex with her and then took her virginity in "the traditional sense." He then drove her home and later stopped by the drive through window at Burger Queen to pick up something to eat. The next day at school, Hubbard told Lynne that he noticed he still had her blood on his hands while at the pick-up window at Burger Queen. Lynne testified that Hubbard continued to abuse her until he left the Board's employment.
During the time that Hubbard sexually abused Lynne, Blackwell also continued to do so. According to Lynne, Blackwell would "work out" when Lynne could be with Hubbard. She would "pass" Lynne "off" to Hubbard. Lynne testified that when Blackwell found out that she had been with Hubbard without Blackwell's knowledge, Blackwell became very upset. Blackwell even wrote a letter, which is of record, regarding the betrayal she felt as a result of Hubbard's coming to pick up Lynne without her consent. In the letter, Blackwell wrote that when Lynne "gave" herself to Hubbard a second time, it was a betrayal of her. Lynne believed that so long as Blackwell told her it was okay to have sexual relations with Hubbard that Blackwell did not mind it. But when she did it without Blackwell's arranging it, Blackwell became furious. Lynne also identified a number of other cards and letters written to her by Blackwell that were suggestive of a sexual relationship. These were placed into evidence.
Lynne testified when Hubbard did not help her with the situation with Blackwell, she then went to her guidance counselor at Beaumont, Bill Martin, who she also had seen at Blackwell's house. Lynne felt like she was having a panic attack and needed to speak to someone. She thought it would be safe to report the abuse to Martin. Martin told Lynne that the bond between her and Blackwell was special and she should protect it. Martin further advised her not to tell anyone else about the abuse and that she should confide only in him. Martin wanted Lynne to tell him the details of the sexual acts between her and Blackwell and Hubbard. Lynne testified that Martin then started calling her out of class frequently to come to his office to tell him about Blackwell and Hubbard. Although she wanted to talk about her home life with her parents, Martin focused on the sexual aspects of Lynne's relationship with Blackwell and Hubbard. She said he would make her sit on his lap while he slid his hand down the front of her pants, sexually molesting her. She testified that this happened on a number of occasions.
Lynne told the jury that the abuse was not just from staff at Beaumont. Once she started at Lafayette High School, Assistant Principal Dr. Fran Edwards called her out of class to speak to her. Edwards asked her how her relationship with Blackwell was going. Edwards made more and more contact with her. Soon after she called her out of class, Edwards asked Lynne to come out to the car and said she would like to take her to her house. Edwards had bought Lynne "a lot" of new clothes. Edwards asked to hear about Blackwell's relationship with Lynne. Lynne testified that Edwards took her on a trip to Nashville to an art exhibit early in her senior year. When they checked into the hotel room, Lynne noticed there was only one bed in the hotel room. She asked where she was going to sleep, and Edwards replied she was going to sleep with her. Lynne said she was not comfortable with that. Edwards then attempted to kiss her. Lynne became upset and started crying, letting Edwards know that she did not want to sleep with her. The two thereafter returned to Lexington.
According to Lynne, another teacher Robert Gardner, a teacher at Lafayette while Lynne attended there, knew about Blackwell's relationship with Lynne and asked her about it. Lynne testified that Gardner began touching her sexually while at school. Later the touching moved into sexual intercourse, and he frequently called her out of class to engage in sex while at school. This occurred at Beeler Auditorium.
Lynne testified that she begged Gardner to stop having sex with her while at school. According to Lynne, Gardner told her that if she would come to his house to have intercourse, he would stop having sex with her at school. Lynne did so. Gardner's molestation of Lynne continued through her entire senior year.
Lynne further testified that another one of her teacher's at Lafayette, Rick Kazee, was also involved in the sexual abuse. During her senior year, Gardner took Lynne to Kazee's trailer, where the three of them smoked marijuana. Gardner took her into Kazee's bedroom and then both he and Kazee had sex with her.
Lynne testified that one day while she was still a student at Beaumont, Blackwell and Hubbard "pulled [her] out of class" and took her to an empty classroom after her mother made a complaint to Dr. Guy Potts, the superintendent. They told her that her mother had made a report to Dr. Potts, accusing them of an inappropriate sexual relationship with Lynne. Blackwell and Hubbard told Lynne that the...
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