Reeves v. Reiman
| Decision Date | 16 February 1994 |
| Docket Number | No. 18383,18383 |
| Citation | 523 N.W.2d 78 |
| Parties | Sharon REEVES, as the Guardian Ad Litem of Toni Howe, Plaintiff and Appellant, v. Scott REIMAN, Defendant and Appellee. . Considered on Briefs |
| Court | South Dakota Supreme Court |
Rick Johnson and Stefanie Pochop of Johnson, Eklund, Nicholson, Dougherty & Abourezk, Gregory, for appellant.
James E. McMahon and Gregg S. Greenfield of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for appellee.
This is an appeal from an order granting summary judgment for Scott Reiman (Reiman). He had been sued by Toni Howe (Howe). The basis of the lawsuit arose out of the facts from the infamous situation at the Governor's Mansion (Mansion) in Pierre, South Dakota, on November 28, 1989. Howe brought this proceeding in February 1991, subsequent to the completion of a juvenile proceeding. The prior history of this case can be found in the Supreme Court decision of In the Matter of Hughes County Action, No. Juv. 90-3, 452 N.W.2d 128 (S.D.1990) and the ancillary case of Sioux Falls Argus Leader v. Young, 455 N.W.2d 864 (S.D.1990).
The rules for summary judgment are well known and oftentimes ruled upon in this state. In Laber v. Koch, 383 N.W.2d 490, 491-92 (S.D.1986) it was held that in any summary judgment hearing the evidence is viewed in favor of the non-moving party; the burden is on the movant to show there is no issue of material fact and that he or she is entitled to a judgment as a matter of law; summary judgment is not a substitute for a trial and the trial court cannot surmise who will prevail at trial; and, while the motion is an extreme remedy, when no germane material issue exists, the motion is viewed with favor. The Laber decision went on to note the non-moving party must present specific facts which demonstrate a genuine issue of fact for trial and pleadings do not control. Id. at 492. On the topic of pleadings, a party may not simply rely upon them, but must develop facts which demonstrate that a dispute in facts exists. Lalley v. Safway Steel Scaffolds, Inc., 364 N.W.2d 139, 140 (S.D.1985); Parsons v. Dacy, 502 N.W.2d 108, 110 (S.D.1993). Finally, it is now a recognized rule in this state, that "when the facts are not in dispute, the standards of conduct are for the court to determine." Moreover, "a party who has testified to the facts cannot now claim a material issue of fact which assumes a conclusion contrary to his (or her) own testimony." Lalley v. Safway Steel Scaffolds, Inc., 364 N.W.2d at 141; Waddell v. Dewey County Bank, 471 N.W.2d 591, 595 n. 3 (S.D.1991).
In her complaint and amended complaint, Howe alleged these facts:
* Reiman induced Howe to accompany him to a party at the Mansion;
* Reiman was instrumental in providing her with alcoholic beverages;
* Reiman took advantage of her intoxicated condition by undressing her and having sexual contact with her;
* She was dragged around the Mansion and Reiman encouraged others to have sexual contact with her;
* Reiman made defamatory comments to the effect that she walked around the Mansion while nude and voluntarily engaged in sexual contact with others.
Although Howe does not use these words in her amended complaint, she has in essence sued for assault, slander, and intentional infliction of emotional distress. Actual and punitive damages were sought.
Reiman filed an answer. The discovery consisted of Howe's answers to interrogatories and the depositions of Howe, Reiman, and three other juvenile males who were at the Mansion on that evening. A motion for summary judgment was made on March 15, 1993, and a hearing held March 26, 1993. An oral decision was made by Judge Anderson on the day of the hearing at which he granted the summary judgment request. Reiman's deposition had not been completed and transcribed by the time this hearing occurred. However, Judge Anderson considered the Reiman deposition later and wrote to counsel on April 6, 1993: "I find nothing therein which would alter this Court's grant of summary judgment." The judgment was signed on April 7, 1993.
On November 28, 1989, Howe had attended school. She was at home in Ft. Pierre when Reiman called from the Mansion at about 9:00 p.m. Reiman had dated her before. He told her that some people were coming over to the Mansion and she was invited over by both another juvenile and himself. While she refused the invitation at first, she eventually relented. She did not tell her parents she was leaving as both were asleep. Only her younger sister knew she was leaving.
Reiman arrived at Howe's home at about 10:00 p.m. From there they drove in his truck over to Pierre and drove around for fifteen minutes before they went to the Mansion. In the truck, she had a drink from Reiman's glass which contained Coke and whiskey. Upon arriving, they entered and found two of the other three males already there. After a short time the last of the four juvenile males arrived. The males began to drink and invited her to do so also. She complied and had "about six" in fifteen minutes. The record contains some conflicting testimony about whether all six drinks contained some or no whiskey. No one forced her to drink. Howe soon became sick and went to the bathroom to find some aspirin. One of the males helped her. Reiman then arrived and also began to help and soon took her upstairs where the bedrooms were located.
Howe admitted that she and Reiman began kissing in the doorway of the upstairs bedroom. After a few minutes of this activity, she told him she still needed to find some aspirin and went downstairs to find some. When she went downstairs one of the other males tried to kiss her; she resisted; he stopped. While she was downstairs, one of the males asked her to go to the basement where the liquor was kept and get another bottle. She did this and upon her return with the bottle, had another drink. Soon she and Reiman ended back upstairs in the bedroom. And, what occurred next is best described by Howe's own deposition:
Q: So you and Scott [Reiman] went upstairs then?
A. Yes.
Q: Where did you go?
A. To the bedroom by the bathroom....
Q: Just you and Scott went into that bedroom?
A. Yes....
Q: Who closed the door?
A. Scott closed the door.
Q: Tell me what happened in the bedroom.
A. We were kissing.
Q: What else?
A. We were kissing and making out and he took my clothes off me and then he took his shirt off and we sat down on the bed and we were kissing and he shut the door and he locked the door and I don't remember when ...
Q: Okay, what else happened between the two of you, anything?
A. We were kissing and making out.
Q: Did you have intercourse [with Reiman] that night?
A. No, he wasn't--no, we did not....
Q: You had all your clothes off?
A. Yes.
Q: Did he have his clothes off?
A. I don't know if he had his pants off ...
A. No.
Q: That was something that--well, the two of you have done that before?
A. Yes.
Q: He didn't force you to stay in the room or anything?
A. No....
Q: Is that right; it was consensual between the two of you up until this point in time? ...
A. I didn't say no.
Q: Did you ever tell him you wanted to leave?
A. No....
Q: What happened after that?
A. We were kissing again for a little while and then I don't remember. I passed out.
While Howe and Reiman were in the bedroom, two of the other males came to the bedroom door and knocked. Although the record is not clear on this point, it appears that at this same time the fourth male had gone to another bedroom and had either passed out or gone to bed. Reiman went to the door and stepped into the hallway closing the door behind him. Shortly thereafter, Howe, still naked, opened the door and came into the hallway telling Reiman she was ill. He assisted her to the bathroom across the hall and, after she entered, he shut the bathroom door. Soon he heard loud noises coming from inside as if she was falling down. When she emerged she was having trouble walking. Reiman grabbed her from behind and walked her down the hall. She was still nude at this time and this scene was observed by two other males. Reiman claimed he took her to the second bedroom, placed her on the floor (not on the bed), and covered her with a blanket. One of the other two males thought Reiman put her on the bed, not the floor. This was the same bedroom where the fourth male was now sleeping. Neither of the two males in the hallway touched Howe, but they did see her in the nude.
Reiman and the two males decided to go for a ride. Before they went, the two males went upstairs to check on Howe because she had vomited earlier. When they looked into the bedroom, they saw her in bed with the male. The two were "making out" at this time and all appeared to be consensual.
Howe does not recall a great deal after being in the bedroom with Reiman. She remembers being in Reiman's arms in the hallway and awakening when the male in bed attempted intercourse with her. She woke up and began vomiting; the male also was vomiting. She thought she recalled seeing the males in the hallway. She also recalled being in the bathroom, vomiting and waking up alone in the morning.
The next morning Howe got up, showered, and went directly to school. She did not go home because her younger sister had called and told her to go directly to school. Howe's sister had covered for her by telling the parents that Howe had gotten up and left the house early for cheerleader practice. Howe's recollection about the events of that night are very sketchy.
When Howe first woke up she began to look for her clothing in the second bedroom. Unable to find them she yelled downstairs for Reiman who told her he did not know where they were. She went to the first bedroom where she found her articles of apparel.
Howe went to...
To continue reading
Request your trial
-
Christensen v. Quinn
...(Second) of Torts § 46 cmt. d (1965)). Whether conduct is “extreme enough to permit recovery” is a question of law. Reeves v. Reiman, 523 N.W.2d 78, 83 (S.D.1994).“It has not been enough that the defendant has acted with an intent which is tortious or even criminal, or that he has intended ......
-
Brenneman v. Famous Dave's of America, Inc.
...552, 883 A.2d 411, 415 (2005) ("[A] non-consensual touching of a woman's breast or buttocks constitutes a battery."); Reeves v. Reiman, 523 N.W.2d 78, 82 (S.D.1994) ("If a male touches a female on her breasts or genitalia or buttocks or kisses her without her consent, he is subject to a civ......
-
Dunn v. Lyman Sch. Dist. 42-1
...motivated the Board's decision to nonrenew his contract in 2012. Specifically, he points to the following deposition testimony from Reuman:Reuman: At that time when [Dunn] retired we accepted his retirement. And then we discussed whether we were going to rehire him back. And that was not al......
-
Maynard v. Heeren
...of plaintiff's distress; and 4. The plaintiff suffered an extreme disabling emotional response to defendant's conduct.Reeves v. Reiman, 523 N.W.2d 78, 83 (S.D.1994) (citing Tibke v. McDougall, 479 N.W.2d 898, 906 (S.D.1992) (emphasis added)).5 These are two commonly recognized exceptions to......