Fleming

MEMORANDUM **

Plaintiff-appellant R.K. appeals from the district court’s final judgment against defendant-appellee Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (“COP”) in the amount of $87,500, and the order denying R.K.’s motion for a new trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

R.K. contends the district court erred in instructing the jury to segregate damages caused by Jack Loholt, who sexually abused R.K., from damages caused by COP’s negligence in allowing this abuse to occur. The state law of Washington governs this diversity case. In Tegman v. Accident & Medical Investigations, Inc., 150 Wash.2d 102 , 75 P.3d 497 (2003), the Washington Supreme Court held that under Washington Revised Code (“RCW”) 4.22.070, damages resulting from intentional acts must be segregated from those resulting from negligence, and negligent defendants can be held jointly and severally liable only for the damages resulting from their negligence. Id. at 497 . After the instant appeal was filed, the Washington Court of Appeals applied Tegman in a sexual abuse case strikingly similar to this one. Doe v. Corp. of the President of The…