Riniker v. Wilson, 99-1684.

• Decision Date: 13 December 2000
• Docket Number: No. 99-1684.,99-1684.
• Citation: 623 N.W.2d 220
• Parties: Patricia RINIKER and Michael Riniker, Plaintiffs-Appellees/Cross-Appellants, v. John P. WILSON, Defendant-Appellant, and Wilson Bros.-Dubuque, Inc., Defendant/Cross-Appellee.
• Court: Iowa Court of Appeals

623 N.W.2d 220

Patricia RINIKER and Michael Riniker, Plaintiffs-Appellees/Cross-Appellants, v. John P. WILSON, Defendant-Appellant, and Wilson Bros.-Dubuque, Inc., Defendant/Cross-Appellee.

No. 99-1684.

Court of Appeals of Iowa.

December 13, 2000.

Michael J. Coyle and Norman J. Wangberg of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellant.

John L. Riccolo and David L. Baker of Riccolo and Baker, P.C., Cedar Rapids, for appellee.

Heard by SACKETT, C.J., and HUITINK and MAHAN, JJ.

MAHAN, J.

Defendant, John P. Wilson, appeals from the district court judgment entered on a jury verdict in favor of plaintiffs on claims for assault, battery, intentional infliction of emotional distress, and loss of consortium. Wilson contends the district court (1) erred in failing to rule the claims were barred by the statute of limitations; (2) prejudicially erred in submitting an incomplete and unbalanced statute of limitations jury instruction; (3) erred by not instructing the jury on a defense of consent; (4) prejudicially erred in defining willful and wanton disregard in the jury instructions, effectively allowing an award of punitive damages based only on negligence; and (5) abused its discretion in failing to order a new trial on grounds of an excessive verdict. Plaintiffs cross-appeal from the district court's ruling dismissing their claims against defendant Wilson Bros.-Dubuque, Inc. We affirm.

I. Background Facts and Proceedings. Defendant John P. Wilson (Wilson) is general manager and salesman at Wilson Bros.-Dubuque, Inc. (Wilson Bros.), a business he and his father own. Plaintiffs Patricia Riniker and Michael Riniker are husband and wife. Wilson Bros. employed Michael Riniker from 1988 to 1996. Patricia and Michael, as "Jane and John Doe," filed a petition on November 6, 1996, alleging between June 1991 and November 1994, John P. Wilson sexually abused, harassed, assaulted, battered, and threatened to harm and/or kill Patricia. According to plaintiffs, John P. Wilson threatened to fire Michael and/or take away Patricia and Michael's youngest son if Patricia did not consent to the sexual demands made by Wilson. Plaintiffs contended the conduct of John P. Wilson was imputed to Wilson Bros., by virtue of Wilson's use of his position as vice president of Wilson Bros. and as Michael's employer to make his demands on Patricia. To support this contention further, plaintiffs also alleged incidents occurred on the premises of Wilson Bros., and in vehicles owned by Wilson Bros. The petition alleged five causes of action against John P. Wilson and Wilson Bros.: (1) negligence, (2) assault and battery, (3) intentional infliction of emotional distress and/or reckless disregard, (4) sexual abuse, and (5) loss of consortium. Defendants denied the allegations, and in an amendment to their answer, raised the affirmative defenses of statute of limitations and consent.

Trial began on May 18, 1999. At trial, Patricia testified Wilson sought out and raped her violently in June 1991 and continued to terrorize her for three and one-half years with threats and acts of violence. She testified Wilson assaulted her forty to fifty times between June 1991 and November 1994. She was still remembering bits and pieces of various incidents at the time of trial. The threats allegedly included threats against her life, threats to take away her youngest child, and threats to terminate Michael's employment. John Wilson testified he and Patricia engaged in sexual relations as consenting adults and denied using threats or force. According to Wilson, the affair ended prior to Labor Day 1994.

Patricia testified about two face-to-face meetings with Wilson in November 1994. According to Patricia, the last sexual encounter took place in early or mid-November. In late November, Patricia met with Wilson at Wilson Bros. and told him it was over. She stayed inside her car with the doors locked during the encounter, while Wilson remained outside the car. She claimed Wilson verbally threatened her during this encounter, and continued to call her for a period of time afterwards.

In 1995, after consulting with an attorney, Patricia went to the police. The police attempted a sting operation. Patricia met Wilson and tried to elicit an incriminating statement from him. When Patricia confronted Wilson, he repeatedly stated he did not know what she was talking about. The police closed their investigation. Patricia met with five lawyers and several detectives before meeting with Dr. Sannito.

Dr. Sannito and Dr. Beckman examined Patricia in 1996. During his March 1996 examination, Dr. Sannito concluded Patricia was clinically depressed. In Dr. Sannito's opinion, she would not have entered into a consensual affair with Wilson. He did not observe a woman "scorned and out to get the guy that put her off." Given her status as a "psychological captive" of Wilson, Dr. Sannito stated he would expect Patricia to do things that outwardly looked like she was trying to please Wilson and not anger him. Dr. Beckman, after his May 1996 examination, diagnosed Patricia with depression and post traumatic stress syndrome. He gave her an article about "Stockholm Syndrome," a condition observed when people held hostage go along with the hostage-taker. According to Dr. Beckman, these individuals have a difficult time explaining to themselves why they would put up with the situation for so many years.

Michael Riniker testified between 1991 and 1994, he and Patricia gradually drifted apart, and their sex life diminished greatly. She became more and more withdrawn. Michael assumed Patricia's demeanor was due to something he did. Michael testified he was unhappy with his employment at Wilson Bros. as early as 1991. In 1990, he became service manager, but was demoted in 1992. John Wilson testified Wilson Bros. hired its competitor's service manager with twenty-three years experience in 1992, at a time when Michael had only two years experience. Michael's title changed from service manager to service adviser. Wilson denied Michael's pay decreased when the new service manager came. Wilson explained sometime after Wilson Bros. implemented a bonus system a mistake was made in the amount paid to Michael. He was overpaid and was required to pay part of the overpayment back.

Employees at Wilson Bros testified they observed Patricia at the dealership quite often. She would have her children with her, and would spend most of her time in Wilson's office. She called Wilson often, at work and on his car phone. According to the employees, Wilson eventually began trying to avoid Patricia when she came in or called. Witnesses testified Patricia was usually in a good mood and laughing when she was in Wilson's office.

The trial court sustained defendants' motion for directed verdict as to the corporation, Wilson Bros., but overruled the motion as to John P. Wilson. On May 25, 1999, the jury returned a special verdict, finding John P. Wilson assaulted, battered, and inflicted severe emotional distress upon Patricia Riniker on or after November 6, 1994. The jury awarded Patricia $300,000 for past and future mental pain and suffering, and $450,000 in punitive damages. It awarded Michael Riniker $100,000 for past and future loss of consortium. The trial court entered judgment on May 28, 1999. The trial court overruled defendant John P. Wilson's motions for judgment notwithstanding the verdict and a new trial. Defendant John P. Wilson appeals, and the Rinikers cross-appeal.

II. "Jane and John Doe" Petition. The last incident giving rise to plaintiffs' cause of action allegedly occurred in November 1994. Plaintiffs filed a "Jane and John Doe" petition on November 6, 1996. Plaintiffs disclosed their identity on or about December 23, 1996, by affidavits in response to defendants' interrogatories. Plaintiffs never filed a petition or amendment naming Rinikers as plaintiffs. The trial court granted defendants' "motion to substitute names of parties" on May 10, 1999, forcing plaintiffs to use their real names at trial.

Wilson argues Rinikers' petition did not toll the statute of limitations because the Rinikers never obtained a court order permitting them to proceed anonymously. Wilson contends one must obtain a court order in order to proceed by a "Doe" plaintiff petition.

Iowa law does not specifically provide for "Jane Doe" plaintiff petitions. Wilson concedes no rule or statute addresses the issue of filing anonymous petitions. However, Iowa courts have allowed, without comment, the use of "Jane Doe" pleadings. Doe v. Cherwitz, 518 N.W.2d 362 (Iowa 1994) (plaintiff alleged sexual assault by defendant); Doe v. Johnston, 476 N.W.2d 28 (Iowa 1991) (plaintiff alleged malpractice after contracting AIDS from blood transfusion during surgery); Doe v. Iowa State Bd. of Physical Therapy and Occupational Therapy Exam'rs, 320 N.W.2d 557 (Iowa 1982) (petitioner, licensed physical therapist, claimed she had a right to know the name of a person who complained about her to respondent); Doe v. Ray, 251 N.W.2d 496 (Iowa 1977) (patients at mental health institute brought class action to enjoin defendant from modifying a building at the institute for use as a minimum security correctional facility); Doe v. Iowa R. Land Co., 54 Iowa 657, 7 N.W. 118 (1880) (action to recover land).

Rinikers argue the Iowa Supreme Court implicitly has approved "Doe" petitions by virtue of the Iowa "Doe" cases. We disagree. The cases make no mention of the procedure, if any, followed by plaintiffs in filing a "Doe" petition. It is impossible to determine from these cases whether the "Doe" party obtained prior approval from the district court to proceed anonymously. The issue was never raised in these cases, and we refuse to interpret the court's silence as an implicit approval of such petitions.

Wilson urges this court to establish a rule requiring those filing "Doe" petitions to first obtain prior court approval. He...