Duncan v. Children's National Medical Center

702 A.2d 207, 13 I.E.R. Cas. (BNA) 773, 1997 D.C. App. LEXIS 260, 1997 WL 703183
District of Columbia Court of Appeals·Decided November 13, 1997·No. 96-CV-441·Published·Cited by 54 cases

Opinions

PER CURIAM.**

Beverly Duncan sued Children’s National Medical Center (“CNMC”) for wrongful termination based on breach of contract and violation of public policy, and intentional infliction of emotional distress. She appeals from the trial court’s dismissal of her com[209] plaint, pursuant to Rule 12(b)(6), for failure to state a claim on which relief could be granted. We affirm.

I.Facts

As gleaned from Duncan’s complaint, the facts are as follows: In December 1992, CNMC attempted to transfer Duncan from her position as Methods Developmental Technologist, a position she had held since September 1989, to the position of Senior Medical Technologist. The latter position required her to train for eight weeks in the Blood Bank, performing clinical applications using equipment that utilized radioisotopes which would expose her to Cesium, a continuous emitter of radiation. Duncan, who was six months pregnant at the time, feared the radiation exposure might be harmful in her condition.

According to the complaint, the CNMC Pregnancy and Radiation Safety Emergency Plan (“Pregnancy and Radiation Plan”) is a policy implemented by CNMC that governs the exposure of pregnant employees to radiation. The policy requires CNMC to make pregnant workers exposed to radiation aware of the potential risks of radiation exposure and to take appropriate protective measures. Among other things, the policy requires CNMC to monitor exposure levels on a monthly basis by issuing a radiation monitoring badge to pregnant employees while performing duties in radiation exposure areas. Duncan alleges that CNMC failed to follow its policy by failing to notify her of the potential dangers of the radiation exposure and by further failing to follow its policy concerning the monitoring badge even though she was subjected to direct radiation exposure.1

Duncan consulted CNMC’s Radiation Safety Officer, who suggested she limit her time in the Blood Bank, and her own personal physician, who, after an investigation into the potential dangers to Duncan’s unborn child, wrote to CNMC. Duncan’s physician recommended that she be removed from direct or constant exposure to the radiation as a precautionary measure until after delivery. Subsequently, CNMC placed Duncan on administrative leave with pay while it conducted its own investigation into the matter.

Following completion of its internal investigation, CNMC refused Duncan’s “numerous requests” for the “findings” and “conclusions” of CNMC’s investigation.

As quoted in the complaint, Section E paragraph 3 of the Pregnancy and Radiation Plan provides as follows:

E. Employee Options
With consideration to the above, the pregnant radiation worker will be responsible for making the decision of one of the following options:
1. Worker remains on staff and assumes normal duties. These duties are subject to the above conditions.
2. Worker can request to be transferred to another department within the hospital if available.
3. Worker can apply for a Leave of Absence.
4. Worker may resign her position from the hospital.

Concerned about being exposed to radiation, Duncan refused to work in the Blood Bank and requested that she be transferred to another department. CNMC denied Duncan’s transfer request and, instead, requested that Duncan use family or sick leave for the duration of her pregnancy. Duncan “did not elect option three [a leave of absence] because of the financial hardship that would have resulted from being out of work without pay.” In response to the repeated requests by her superiors that she take family or sick leave, she told the superiors that her reason for not using the family leave was “because it was only used when the expectant mother was close to delivery, and at the time that the superiors were urging her to take the family leave she was not ready for delivery.” During the time that Duncan was at home “because of her refusal to use the family leave,” CNMC nevertheless involuntarily [210] placed her on family leave, and when she had exhausted her family and/or sick leave, it terminated her.

II. Standard of Review

A challenge to the sufficiency of a complaint under Rule 12(b)(6) presents questions of law, and thus this court conducts a de novo review of the record, construing all facts and inferences in the light most favorable to the plaintiff and taking the complaint’s allegations as' true. See Atkins v. Industrial Telecommunications Ass’n, 660 A.2d 885, 887 (D.C.1995). A complaint is sufficient so long as it “fairly puts the defendant on notice of the claim against [her].” Nelson v. Covington, 519 A.2d 177, 178 (D.C. 1986). Accordingly, liberal rules of pleading normally protect a plaintiff from dismissal at the pleading stage when the complaint can be said to state a claim if all inferences are drawn in the plaintiffs favor. See Bible Way Church of Our Lord Jesus Christ of the Apostolic Faith v. Beards, 680 A.2d 419, 430 (D.C.1996). A complaint should not be dismissed because the court doubts that a plaintiff will prevail on a claim. See McBryde v. Amoco Oil Co., 404 A.2d 200, 203 (D.C.1979). However, dismissal for failure to state a claim may properly be granted where it “appears beyond doubt that the plaintiff can prove no set of facts in support of [her] claim which would entitle [her] to relief.” See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957).

III. Public Policy Claim

On appeal, Duncan argues that her complaint contains a claim for wrongful discharge in violation of a “public policy of not exposing pregnant women to radiation.”2 The complaint does not identify the source of the asserted public policy. However, because our standard of review requires that we make all inferences in favor of the plaintiff and the complaint refers to a “public policy,” we must decide if Duncan has felicitously alleged a public policy exception to the at-will employment doctrine.

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Duncan v. Children's National Medical Center, 702 A.2d 207, 13 I.E.R. Cas. (BNA) 773, 1997 D.C. App. LEXIS 260, 1997 WL 703183 (D.C. 1997).

702 A.2d 207 (Duncan v. Children's National Medical Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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