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Hollmann v. Corcoran12/23/1997
Washington Court of Appeals
No. 16192-7-III
949 P.2d 386, 89 Wash.App. 323, 1997.WA.42305
December 23, 1997
JAMES HOLLMANN, APPELLANT
v.
JAMES CORCORAN AND "JANE DOE" CORCORAN, HUSBAND AND WIFE, AND THE MARITAL COMMUNITY COMPRISED THEREOF, RESPONDENTS.
Source of Appeal: Appeal from Superior Court of Chelan County Docket No: 95-2-00385-5 Judgment or order under review Date filed: 10/04/96 Judge signing: Hon. Carol J. Wardell
Counsel Of Record: Counsel for Appellant(s) Debra L. Stephens 6210 E Lincoln Ln Spokane, WA 99207-9220 Jennifer R. Willner 901 32nd St Bellingham, WA 98225-6911 Counsel for Respondent(s) James M. Danielson Jeffers Danielson Sonn & Aylward 317 North Mission Street P.o. Box 1688 Wenatchee, WA 98807-1688
The opinion of the court was delivered by: Kurtz, J.
PUBLISHED OPINION
FILED
Concurring: Dnnis J. Sweeney, Kenneth H Kato
P James Hollmann contends in dismissing his case against James Corcoran as a matter of law, the court erred in (1) interpreting RCW 4.16.340(1)(c) to contain a constructive discovery/due diligence requirement; (2) applying this constructive discovery standard without regard to the particular circumstances of Mr. Hollmann relating to his emotional and psychological injuries that impeded his discovery; and (3) concluding Mr. Hollmann should have discovered his claim against Mr. Corcoran more than three years prior to the date he commenced his suit. We decide RCW 4.16.340(1)(c) refers to the discovery of the causal connection between a known act and subsequent injuries, including injuries that develop years later. For that reason, the statute of limitations is tolled until the victim of childhood sexual abuse in fact discovers the causal connection between the defendant's acts and the injuries for which the claim is brought. The judgment of the trial court is reversed.
FACTS
James Hollmann first met James Corcoran in the fall of 1976 in Wenatchee, Washington. Mr. Hollmann was age 12; Mr. Corcoran was an adult. Mr. Hollmann was a troubled child from a dysfunctional family. At the age of six, Mr. Hollmann had once been sexually molested by his stepfather's brothers. He began smoking and using alcohol at an early age, around 6 or 7, and was using harder drugs by the age of 11. At various times, he was out of his home, on the streets or in foster care. When he met Mr. Corcoran, he was a runaway.
Mr. Corcoran first befriended Mr. Hollmann at a youth arcade in Wenatchee. He supplied Mr. Hollmann with alcohol and marijuana, and at the end of the evening, gave him a ride home. Eventually, Mr. Hollmann was hired by Mr. Corcoran to help run a dance at a local high school and their relationship began. Mr. Corcoran would pick up Mr. Hollmann at his house once or twice a week, and they would drink and socialize. Their "friendship" was characterized by Mr. Corcoran offering alcohol or drugs, as well as compliments and gifts to Mr. Hollmann. Mr. Hollmann looked to Mr. Corcoran as a good friend or older brother.
From an early point in their relationship, Mr. Corcoran had Mr. Hollmann pose for pictures for him. He would dress him in certain clothes, photograph him in various poses and eventually, began asking him to strike more provocative poses. For example, he was asked to take off his shirt, or unbuckle his jeans and open the top button. He also had Mr. Hollmann do work for him, pulling w
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