Riordan v. Presiding Bishop, Latter-Day Saints

• Decision Date: 05 August 2005
• Docket Number: No. 04-2304.,No. 04-2392.,04-2304.,04-2392.
• Citation: 416 F.3d 825
• Parties: Lamoni K. RIORDAN, Appellee/Cross Appellant, v. CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, doing business as The Church of Jesus Christ of Latter-Day Saints, Appellant/Cross Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

416 F.3d 825

Lamoni K. RIORDAN, Appellee/Cross Appellant, v. CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, doing business as The Church of Jesus Christ of Latter-Day Saints, Appellant/Cross Appellee.

No. 04-2304.

No. 04-2392.

United States Court of Appeals, Eighth Circuit.

Submitted: March 16, 2005.

Filed: August 5, 2005.

COPYRIGHT MATERIAL OMITTED

Mark G. Arnold, argued, St. Louis, MO (Randy T. Austin and Matthew K. Richards, Salt Lake City, UT, on the brief), for appellant.

Matthew E. Birch, argued, Kansas City, MO (Victor A. Bergman, Kansas City, MO, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

A jury awarded Lamoni Riordan (Lamoni) over $1.18 million in damages on his claims against the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints (CPB) for injuries Lamoni sustained when his father, Ken Riordan (Ken), a CPB employee, was operating a riding lawnmower in reverse and backed over Lamoni's foot. CPB appeals, arguing Ken's parental immunity shielded CPB from liability, and the district court¹ erroneously submitted both a respondeat superior and a direct negligence claim to the jury. Lamoni appeals the district court's denial of his motion for a new trial on damages. We affirm in toto.

I. BACKGROUND

On April 13, 1985, five-year-old Lamoni was injured in an accident involving a riding lawnmower operated by Ken while Ken was mowing at a CPB-owned facility. Because of the accident, Lamoni's foot was partially amputated. Lamoni filed suit against CPB on February 15, 2002, in Missouri state court, claiming (1) CPB was liable for Ken's negligence under the doctrine of respondeat superior, (2) CPB negligently maintained the lawnmower, and (3) CPB negligently failed to train and supervise its employees properly. CPB removed the case to the federal district court.

The district court denied CPB's motion for summary judgment on CPB's argument that the respondeat superior claim was barred by parental immunity. The court granted CPB's motion on the negligent maintenance claim. CPB moved in limine to exclude at trial all evidence regarding CPB's failure to maintain the lawnmower and to prevent Lamoni from asserting claims at trial other than the respondeat superior claim. The district court granted the motion as to evidence regarding the failure to maintain the lawnmower. The court denied the motion as to Lamoni's direct negligence claim based on negligent supervision. Thus, the district court concluded Lamoni could bring both the respondeat superior and direct negligence claims at trial.

Before trial, Lamoni's counsel sent a letter to Lamoni and sent a copy to Ken. The letter explained what Lamoni would have to prove to prevail on his claims against CPB, explained the district court's rulings in limine, instructed Lamoni and Ken that certain evidentiary matters were off limits to all witnesses, and included a list of Lamoni's allegations of fault against Ken and thereby CPB. At trial, Lamoni presented evidence about past surgeries on his foot, as well as potential future surgeries, such as a below-the-knee amputation, after which Lamoni would use energy-storing prosthetics. Following the trial, the jury found for Lamoni on the respondeat superior and direct negligence claims, awarding $80,651.73 for past medical expenses, $682,976.18 for future medical expenses, $420,000.00 for past non-economic damages, and "none" for future non-economic damages, for a total of $1,183,627.91.

Lamoni moved for a new trial on damages, arguing the verdict of "none" for future non-economic damages was contrary to law and against the weight of evidence. The district court denied the motion, concluding Lamoni did not preserve the error and, thus, waived objection to the allegedly inconsistent verdict. The court also ruled that, even if Lamoni had not waived the objection, he was not entitled to a new trial, because the jury simply may not have believed Lamoni's claims that he would have future non-economic damages. The court also concluded the total damages award fairly and reasonably compensated Lamoni for his injuries.

CPB appeals, arguing respondeat superior liability is purely derivative, i.e., because Ken cannot be liable to Lamoni due to parental immunity, CPB cannot be liable either. CPB also argues the direct negligence claim fails due to parental immunity. Further, CPB claims Ken's self-admitted negligence was an intervening cause of the injury, breaking the causal chain. In his cross-appeal, Lamoni contends the district court erred in denying the motion for a new trial, because there was evidence of future pain and suffering.

II. DISCUSSION

Exercising diversity jurisdiction, we interpret Missouri law. Ehlis v. Shire Richwood, Inc., 367 F.3d 1013, 1016 (8th Cir.2004). We review the district court's interpretation of Missouri law de novo, attempting to forecast how the Missouri Supreme Court would decide the issues presented. Id. We also review the grant of summary judgment de novo. Gray v. AT & T Corp., 357 F.3d 763, 765 (8th Cir.2004).

A. Respondeat Superior Claim

CPB argues respondeat superior liability is purely derivative, so Ken's parental immunity shields CPB from liability. Thus, CPB claims the district court erred in submitting Lamoni's respondeat superior claim to the jury. CPB also contends applying parental immunity to bar Lamoni's claims is necessary to prevent collusion between Lamoni and Ken.

Although the Missouri Supreme Court has abrogated parental immunity, the doctrine still applies to causes of action accrued before December 19, 1991. See Hartman v. Hartman, 821 S.W.2d 852, 858 (Mo.1991); Campbell v. Callow, 876 S.W.2d 25, 27 (Mo.Ct.App.1994). The parties stipulated "[p]arental immunity applies to this case and, therefore, Plaintiff's parents, Kenneth and Pearl Riordan, cannot be joined as parties to this action." We find no reason to disagree. Thus, we examine whether Ken's parental immunity shields CPB from liability.

The Missouri Supreme Court has recognized the close and analogous connection between parental immunity and spousal immunity. Hartman, 821 S.W.2d at 855. Missouri adopted parental immunity on "the belief that allowing children to sue their parents would disturb the unity and harmony of the family." Id. at 854 n. 1. Spousal immunity also had underpinnings in notions of family unity and harmony. See Townsend v. Townsend, 708 S.W.2d 646, 648-50 (Mo.1986). In the absence of authority on the applicability of parental immunity in situations like that presented here, it is appropriate for us to consider Missouri courts' rulings on spousal immunity.

In Mullally v. Langenberg Brothers Grain Co., 339 Mo. 582, 98 S.W.2d 645, 645 (1936), the defendant contended, because a wife could not maintain an action against her husband for damages arising from injuries caused by the husband's negligence, the husband's employer enjoyed that derivative immunity against the wife's respondeat superior claim against the employer. After noting two lines of authority on this question, the Missouri Supreme Court concluded "legal principle and public policy [dictate] the wife has a right of action against the husband's employer." Id. at 646.² The court quoted extensively from the reasoning in Schubert v. August Schubert Wagon Co., 249 N.Y. 253, 164 N.E. 42 (1928): "The disability of wife or husband to maintain an action against the other for injuries to the person is not a disability to maintain a like action against the other's principal or master." Mullally, 98 S.W.2d at 646 (quoting Schubert, 164 N.E. at 42). "The statement sometimes made that it is derivative and secondary . . . means this, and nothing more: That at times the fault of the actor will fix the quality of the act. Illegality established, liability ensues." Id. (quoting Schubert, 164 N.E. at 43). The New York court explained why defendants attempt to hide behind the husband's immunity: "The defendant, to make out a defense, is thus driven to maintain that the act, however negligent, was none the less lawful because committed by a husband upon the person of his wife. This is to pervert the meaning and effect of the disability that has its origin in marital identity." Id. (quoting Schubert, 164 N.E. at 43). The court reasoned, "A trespass, negligent or willful, upon the person of a wife, does not cease to be an unlawful act, though the law exempts the husband from liability for the damage. Others may not hide behind the skirts of his immunity." Id. (quoting Schubert, 164 N.E. at 43).

According to the Restatement (Second) of Agency, in an action against a principal based on an agent's conduct during the course of the agent's employment, "[t]he principal has no defense because of the fact that . . . the agent had an immunity from civil liability as to the act." Restatement (Second) of Agency § 217 (1958). These immunities include those "resulting from the relation of parent and child and of husband and wife." Id. cmt. b. Moreover, "[s]ince the Restatement, . . . the trend has been strongly to enforce the liability of the [employer]." Id. Reporter's Note.

Other jurisdictions have rejected the argument that parental immunity bars a suit by a child against a parent's employer based on the parent's negligence during the scope of employment. Particularly instructive to our discussion is Hooper v. Clements Food Co., 694 P.2d 943 (Okla.1985). In Hooper, a minor child's mother brought suit against the employer of the child's father, seeking damages for injuries the child suffered due to the father's negligence while acting in the course and scope of employment. Id. at 944. The court noted the employer's "liability for the child's injuries was predicated upon principles of respondeat superior," and "[t]he fact that the injuries of the child proximately resulted from the negligence of [the] employee...