"Seek Truth Without Fear"

Superior Court Update...

      by Dixie A. Walter
     August 16, 2003

    The August 11 story below reports a small portion of the legal struggles between Century 21 Magic and Donna Woodard/Department of Labor & Industries. In the story several questions are asked. Among them,  "Is Superior Court Next?" The answer is "Yes."
     At the time all concerned were waiting for some form of action by Pierce County Superior Court regarding Century 21 Magic's appeal of a January 2003 ruling, in Woodard's favor, by the Washington State Board of Industrial Appeals. Century 21 Magic's appeal was filed in Superior Court April 25, 2003.
     The awaited action was finally taken. A letter to Woodard, dated August 12, 2003, from Garth Ahearn, Assistant Attorney General from the State Attorney General's office, states that a trial date will be set September 5. The trial is expected to last between two and three days. Superior Court Judge Beverly Grant is scheduled to hear the case. Please see below for more details.

Just a Part of Donna's Story

     Donna Woodard has become a familiar sight around town as she slowly and painfully walks for therapy. This photograph was taken August 10. Donna has endured two major surgeries and doctors have told her the next operation, if she chooses to have it, will be to place a "morphine pump" inside her body for pain control. (photo by Dixie A, Walter)

     by Dixie A. Walter
     August 11, 2003

     Perhaps you’ve seen her and wondered, “Who is that lovely, young woman with the cane? The one walking slowly and agonizingly around Eatonville?" Often her nine-year-old daughter, Chevelle, frolics ahead of her. The ache in the young mother’s eyes, and her measured steps, is painful to watch and prompts many to ask, “What happened to this woman? Will she ever recover?”
     Her name is Donna Woodard. Her pain is unrelenting. Her many doctors say she will remain in that condition for the rest of her life. Donna is 30 years old and also has a 14-year-old son, Crue.
     She injured herself while working for Century 21 Magic Real Estate June 23, 2000. At the time Ron “Grins” Pierce owned the company along with his wife Smiles. Their daughter Karma also worked in the office along with Donna and others.
     When Donna slipped down a step, fracturing some vertebrae, while moving a small refrigerator, her life changed forever. She was in the process of emptying a rental house on Washington Ave. which belongs to Christine Van Cleve. Her mom, Rosemarie Van Cleve, was managing the property. Rosemarie couldn’t collect rent from the last tenants and a friend suggested talking to the person at Century 21 Magic who sometimes helped evict nonpaying renters.
      In front of me lies Donna’s story written in legal documents. One of the documents is a fat transcription of testimony taken before Industrial Appeals Judge Craig C. Stewart, Board of Industrial Insurance Appeals. The hearing before Judge Stewart took place January 27, 2003 in the case of Century 21/Magic Realty Inc. vs. Donna Woodard and the Department of Labor and Industries (L & I).

Is Superior Court Next?

     This transcript is the final step in the appeals process within that department. The next appeal by Century 21 Magic went to the Pierce County Superior Court where it remains to be seen if any action will be taken in the case.
      Donna has been fighting these appeals for years. To date all appeals by Century 21 Magic have been lost. Judge Stewart’s verdict was in Donna’s favor. The judge finds that Donna Woodard was “allowed her claim” through L & I, and she was working for “Magic Realty” when she was injured. Ron “Grins” Pierce owned the company at the time and contends that although Donna worked for him as property manager, among other duties, she wasn’t working for him when she was hurt.
       Furthermore, in his testimony Ron states that around the time of Donna’s accident, June, 2000, he told her not to help Rosemarie Van Cleve with this rental because as a member of the Eatonville Planning Commission he had inside information the house was going to be “condemned.” 
      This was interesting testimony, as Ron didn’t take a seat on the planning commission until September 18, 2000. Kerri Murphy was secretary at that time. According to her minutes, “Mayor Murphy [her husband] introduced Grins Pierce as a new Planning Commissioner.”**
      At any rate, if the minutes are accurate, Ron Pierce was months away from taking a seat on the planning commission when Donna was injured. The description of Rosemarie Van Cleve is a little off too. If we are to believe the record, and sworn testimony, of Ron Pierce, and daughter Karma Gacke, Rosemarie Van Cleve was about Ron’s attorney’s height, 5’ 9”.
      He testified that she has “Blonde hair, short, very pleasant young lady. I consider her young, 30, in her 40s, maybe late 30s.” When asked if she can describe Rosemarie, Karma answered, “I sure can. I would say she was in, I would say maybe middle 40s, middle 40 to early 40s. She was a little taller than me, and I am 5’6”, and she had blonde hair short up to her chin. It was curly. She was slender.” 

Rosemarie Van Cleve and Family

     This photograph was taken during the September 2001 50th Wedding Anniversary of Rosemarie Van Cleve and her husband, Lad. The reception was held in the basement of Our Lady of Good Counsel Catholic Church in Eatonville. With the couple are their children Christine and Steve. Lad's family came to Eatonville at the end of 1934.

Childhood Friends at One Time

     Karma Pierce Gacke testified that she had been friends with Donna “all through elementary school, middle school, high school. We were high school friends growing up.” Karma also swears she saw Rosemarie give Donna money, but for some reason neglected to record this in the company books which was part of her job. 
     Rosemarie swore no money ever changed hands, as did Donna, who was accused of  stealing. However, no one could say for sure how much money she supposedly took. One person said $140 and another said she saw $200 in two $100 bills.
    The contention arose when Donna filed a claim with L & I some months after she was injured. She had not filed earlier because, according to the transcript, “After I told Grins I was hurt it was understood that there was no L & I ever paid, so that meant I had no coverage.” 
    Under oath Donna told how she was led to file an L & I claim. “In April 2001 it got to the point I couldn’t walk anymore. Karma and I had been talking and she had pulled out her medical coupons for her daughter. I thought to myself ‘I wonder if public assistance would be a way.’” 
    When Donna talked to “…the lady at public assistance” she explained her circumstances. She was told she could file a claim even if her employer didn’t pay the state insurance. Not only has Donna had to fight for a semblance of health, she has been fighting for her rights since she filed that claim.

     Who Was in the Office?

      According to Donna, and Rosemarie, there was one person, Elisa Pole, in the office when Rosemarie arrived looking for help. Elisa Pole testified that she knew Rosemarie because Rosemarie was friends with “…my parents.” Asked if there was anyone in the office that day other than Donna and herself, Elisa told the judge, “…I don’t believe so. I don’t think there was anyone else there at all that day.”
    However, according to the testimony of both Ron Pierce and his daughter, they were both in the office when Rosemarie came in.

What's the Point?

     Why do I tell you Donna’s story? Because she wants it told. Donna Woodard’s health and ideals were shattered. Her health quickly, her ideals more slowly. The treatment she received from her supposed life-long friends perhaps hurt her more than the physical injury. 
    To make matters even sadder, during the time this was happening, Ron Pierce, as then president of the local Mormon Church, was also supposed to be Donna’s spiritual leader. He was “released” from that position several months ago.
    Donna has had her spirit tested in too many ways. This is just the first part of her story. The surface has barely been scratched. There will be more to follow.
    The reader should note that Ron “Grins” Pierce continues as a member of the Eatonville Planning Commission. In that capacity he is supposed to vote for what is good for the town. His interest lies in seeing more houses being built. Where he seems to be missing the point is in condemning those who wish building would proceed with caution, particularly where water issues are concerned. These people are not anti-growth. They are pro planned, smart growth. What’s wrong with that?
     Just like he apparently missed the point about needing to pay into L & I for his employees, even after getting a letter from L & I dated March 27, 2000, signed by Douglas Mathers, Chief Auditor, stating he must report his employees to L & I.
     This is worrisome to me. Because if a man cannot describe a woman he swears he’s seen, and either doesn’t understand what the State Chief Auditor is explaining, or chooses to ignore it, I have little confidence that man will make the right decisions for me and my community. And that, my friends, is the point.  

     **According to the minutes, his first recorded statement was, “That the town could do enhancements with what they have currently. Why would the town look at increasing the commercial and not increase the residential.” And a short time later Mrs. Murphy states that Ron said, “He does not understand the town not wanting residential growth.” Makes you wonder if one of the reasons Ron, father-in-law to a developer (whom he lives with out in the Swan Lake area) accepted a position on the commission was to promote “residential growth?” He no longer owns Century 21 Magic.  However, Pierce is still employed at Century 21.  

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