Picaso v. Tucson Unified School Dist.

• Decision Date: 13 February 2007
• Docket Number: No. 2 CA-CV 2005-0174.,2 CA-CV 2005-0174.
• Citation: 154 P.3d 364,214 Ariz. 462
• Parties: Juan PICASO and Maribel Picaso, husband and wife, individually and as surviving parents of Benjamin Picaso, deceased, Plaintiffs/Appellants, v. TUCSON UNIFIED SCHOOL DISTRICT, Defendant/Appellee.
• Court: Arizona Court of Appeals

154 P.3d 364

214 Ariz. 462

Juan PICASO and Maribel Picaso, husband and wife, individually and as surviving parents of Benjamin Picaso, deceased, Plaintiffs/Appellants, v. TUCSON UNIFIED SCHOOL DISTRICT, Defendant/Appellee.

No. 2 CA-CV 2005-0174.

Court of Appeals of Arizona, Division 2, Department A.

February 13, 2007.

Copple, Boehm & Murphy, P.C., By Steven D. Copple, Tucson, and Scott E. Boehm, Phoenix, for Plaintiffs/Appellants.

Mesch, Clark & Rothschild, P.C., By Gary J. Cohen and Richard Davis, Tucson, for Defendant/Appellee.

OPINION

HOWARD, Presiding Judge.

¶ 1 In this wrongful death action, appellants Juan and Maribel Picaso challenge the trial court's decision regarding the admission into evidence and preclusive effect of Maribel's guilty plea to misdemeanor child abuse based on the events that led to this action. The Picasos argue the trial court erred by applying A.R.S. § 13-807 to this case, applying collateral estoppel (issue preclusion), and admitting evidence of the guilty plea. Because we find the trial court erred by ruling that Maribel's guilty plea precluded her from contradicting any issues involved in the plea or explaining her reasons for entering the plea, we reverse.¹

Background

¶ 2 The facts necessary to resolve this appeal are undisputed. In September 2001, the Picasos' fourteen-month-old son, Benjamin, was struck and killed by a Tucson Unified School District (TUSD) bus in the street in front of the Picasos' home. Maribel later pled guilty to a misdemeanor child abuse charge for not noticing that Benjamin had left the house unsupervised.

¶ 3 The Picasos subsequently filed a wrongful death action against TUSD alleging that the bus driver's negligence caused Benjamin's death. TUSD filed a motion in limine seeking to preclude Maribel from denying the essential allegations of her guilty plea pursuant to § 13-807. The Picasos opposed that motion and filed a cross-motion in limine seeking to prevent the admission of evidence of Maribel's plea altogether. The trial court reasoned that § 13-807 applied and precluded Maribel from denying that she was negligent and a cause of Benjamin's death. The court also denied the Picasos' cross-motion, ruling that the plea evidence was admissible as an "admission against interest."

¶ 4 The case proceeded to trial. The trial court, pursuant to its ruling on the motion in limine, precluded the Picasos from presenting any evidence explaining why Maribel had pled guilty. It also instructed the jury that Maribel had negligently permitted Benjamin "to be placed in a situation where his person or health was endangered" and that this "negligence was a cause of Benjamin's death." The jury returned a verdict for TUSD. The Picasos moved for a new trial, reasserting their argument that the trial court erred by precluding Maribel from contradicting the elements of the misdemeanor charge or explaining her reasons for pleading guilty. At a hearing on that motion, TUSD mentioned common law issue preclusion for the first time. Then, in a supplemental memorandum the trial court had requested on the legislative history of § 13-807, TUSD argued for the first time that issue preclusion provided an independent basis supporting the trial court's ruling. The trial court denied the Picasos' motion, ruling that preclusion was proper either under § 13-807 or common law issue preclusion and "prevented a waste of time or confusion of the issues for the jury." This appeal followed.

Admissibility of Plea Agreement

¶ 5 The Picasos argue that evidence of Maribel's guilty plea was inadmissible because Rule 609, Ariz. R. Evid., 17A A.R.S., "limits the admission of prior convictions to impeachment." We review the trial court's decision admitting evidence for an abuse of discretion and resulting prejudice. See Crackel v. Allstate Ins. Co., 208 Ariz. 252, ¶ 59, 92 P.3d 882, 898 (App.2004).

¶ 6 Rule 609 applies to evidence of criminal convictions introduced "[f]or the purpose of attacking the credibility of a witness." Ariz. R. Evid. 609. TUSD did not seek to introduce evidence of Maribel's plea to attack her credibility, but rather, to prove her negligence had caused Benjamin's death. As the Picasos conceded at oral argument, evidence of the plea was admissible for this purpose. See Ariz. R. Evid. 801(d)(2)(A) (statement by party-opponent is nonhearsay); Hays v. Richardson, 95 Ariz. 263, 267, 389 P.2d 260, 263 (1964) (plea of guilty in criminal proceeding admissible in civil proceeding based on same facts). Accordingly, the trial court did not abuse its discretion by admitting evidence of Maribel's guilty plea.²

Application of A.R.S. § 13-807

¶ 7 The Picasos next argue the trial court erred by ruling that § 13-807 precluded Maribel from denying the facts of the offense or explaining the reasons she entered the misdemeanor guilty plea.³ The application of § 13-807 is an issue of law that we review de novo.⁴ See Amparano v. ASARCO, Inc., 208 Ariz. 370, ¶ 14, 93 P.3d 1086, 1091 (App.2004) (interpretation of statute reviewed de novo).

¶ 8 "The goal of statutory construction is to determine and give effect to the intent of the legislature." Allstate Ins. Co. v. Universal Underwriters, Inc., 199 Ariz. 261, ¶ 8, 17 P.3d 106, 109 (App.2000). "`[A] statute's language is the most reliable index of its meaning."' Bridgestone/Firestone N. Am. Tire, L.L.C. v. A.P.S. Rent-A-Car & Leasing, Inc., 207 Ariz. 502, ¶ 15, 88 P.3d 572, 576 (App.2004), quoting State v. Sepahi, 206 Ariz. 321, ¶ 16, 78 P.3d 732, 735 (2003). Accordingly, "[i]f the statute is clear and unambiguous, we apply the plain meaning of the statute." Hourani v. Benson Hosp., 211 Ariz. 427, ¶ 7, 122 P.3d 6, 10 (App.2005).

¶ 9 Section 13-807 provides that "[a] defendant convicted in a criminal proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this state against the criminal defendant the essential allegations of the criminal offense of which he was adjudged guilty."⁵ (Emphasis added.) But Maribel, the defendant in the prior criminal proceeding, had no civil action brought against her; rather, TUSD was the party sued by the Picasos. The statute by its language applies only if the criminal defendant is also later the civil defendant.⁶ There is no uncertainty about whether the statute applies to preclude Maribel from contesting the issues concerning her liability, and we apply its plain meaning. See Hayes v. Cont'l Ins. Co., 178 Ariz. 264, 268, 872 P.2d 668, 672 (1994). Because § 13-807 cannot possibly apply here, the trial court erred by applying it.⁷

Issue Preclusion

¶ 10 Nevertheless, as TUSD argues, we may affirm the trial court if its ruling is correct, even if for an incorrect reason. See Wolfinger v. Cheche, 206 Ariz. 504, ¶ 58, 80 P.3d 783, 796 (App.2003). TUSD argues the trial court's ruling was correct because common law issue preclusion barred Maribel from denying the elements of her conviction. Application of issue preclusion is a question of law that we review de novo. Campbell v. SZL Props., Ltd., 204 Ariz. 221, ¶ 8, 62 P.3d 966, 968 (App.2003).

¶ 11 Issue preclusion bars a party from relitigating an issue if (1) the issue was "actually litigated" in a prior proceeding; (2) the party had a full and fair opportunity to litigate the issue in the prior proceeding; (3) the prior proceeding ended in a final, valid judgment on the merits; and (4) the issue was essential to that judgment. Id. ¶ 9; see also Hullett v. Cousin, 204 Ariz. 292, ¶ 27, 63 P.3d 1029, 1034-35 (2003). Issue preclusion applies to issues of law and of fact. See In re Gila River Sys. Water Rights, 212 Ariz 64, n. 8, 127 P.3d 882, 888 n. 8 (2006), cert. denied, ___ U.S. ___, 127 S.Ct. 928, 166 L.Ed.2d 781, cert. denied, ___ U.S. ___, 127 S.Ct. 931, 166 L.Ed.2d 781 (2007).

¶ 12 The Picasos first argue issue preclusion does not apply because it requires common identity of the parties to the two actions.⁸ But, as TUSD notes, where a defendant in a subsequent proceeding asserts issue preclusion "defensively" against the plaintiff in that proceeding, there need not be common identity of the parties. See Campbell, 204 Ariz. 221, ¶ 10, 62 P.3d at 968. Here, because TUSD, the defendant, asserts issue preclusion against the Picasos, the plaintiffs, TUSD is using issue preclusion defensively. See id. Accordingly, common identity of the parties is not required.

¶ 13 The Picasos further argue, citing Chaney Building Co. v. City of Tucson, 148 Ariz. 571, 716 P.2d 28 (1986), that issue preclusion should not apply because, when a party pleads guilty to a crime, there is no actual litigation. In Chaney, our supreme court explained the meaning of the requirement that an issue be "actually litigated": "When an issue is properly raised by the pleadings or otherwise, and is submitted for determination, and is determined, the issue is actually litigated." Id. at 573, 716 P.2d at 30. It then concluded that a stipulated dismissal of an action does not have preclusive effect unless the dismissal manifests the parties' intent that it be "binding as to certain factual issues." Id.; see also Arizona v. California, 530 U.S. 392, 414, 120 S.Ct. 2304, 2319, 147 L.Ed.2d 374 (2000) ("`In most circumstances, it is recognized that consent agreements ordinarily are intended to preclude any further litigation on the claim presented but are not intended to preclude further litigation on any of the issues presented.'"), quoting 18 Charles Alan Wright, Arthur R. Miller, Edward H. Cooper, Federal Practice & Procedure § 4443, at 384-85 (1981).

¶ 14 The court in Chaney relied on a comment in the Restatement (Second) of Judgments, which provides that, "[i]n the case of a judgment entered by confession, consent, or default, none of the issues is actually litigated." Restatement (Second) of Judgments § 27 cmt. e (1982). The Restatement details the reasoning for the "actually litigated" requirement:

There are many reasons why a party may...