Falco v. Community Medical Center

686 A.2d 1212, 296 N.J. Super. 298
CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 13, 1997
StatusPublished
Cited by24 cases

This text of 686 A.2d 1212 (Falco v. Community Medical Center) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Falco v. Community Medical Center, 686 A.2d 1212, 296 N.J. Super. 298 (N.J. Ct. App. 1997).

Opinion

The opinion of the court was delivered by

KLEINER, J.A.D.

Plaintiffs Kathleen Falco and Joseph Falco appeal from the dismissal of their complaint. Plaintiffs were seeking damages based on Kathleen Falco’s termination as a nurse in the Cardiac Catheterization Laboratory of defendant Community Medical Center.3

Kathleen Falco, a registered nurse, was hired by defendant Community Medical Center, located in Toms River, on October 4, 1989. She was assigned to the Cardiac Catheterization Lab on September 4, 1991. Plaintiffs employment was terminated on September 18,1992.

Plaintiffs complaint, filed on March 30, 1993, alleged that her employment was terminated in retaliation for “whistleblowing activities,” in violation of the Conscientious Employee Protection [304]*304Act (CEPA), N.J.S.A 34:19-1 to -8, (count one). The remaining counts of plaintiffs complaint asserted: a common law claim of retaliatory discharge and intentional infliction of emotional distress (count two); a constitutional tort (count three); negligent infliction of emotional distress (count six); intentional infliction of emotional distress (count seven); a discharge in violation of public policy (count eight); and Joseph Falco’s per quod claim (count nine). In counts four and five, plaintiff alleged that her termination violated her contractual rights.

Pursuant to a motion to dismiss filed by all defendants, the motion judge dismissed counts two, three, six, seven, and eight. The judge concluded that each of those claims was barred under the CEPA waiver provision as set out in N.J.S.A. 34:19-8. The motion judge also dismissed count nine, Joseph Faleo’s per quod claim, relying on our decision in Catalane v. Gilian Instrument Corp., 271 N.J.Super. 476, 493, 638 A.2d 1341 (App.Div.), certif. denied, 136 N.J. 298, 642 A.2d 1006 (1994).

The only counts then remaining were count one, the CEPA claim, and counts four and five, alleging breach of contract. Thereafter, on a motion for summary judgment filed by all defendants except Dr. Michael Bageac, those counts were dismissed. Plaintiff then filed a motion to amend her complaint to assert a claim for tortious interference with a contractual relationship and prospective economic advantage. In a separate ruling, the motion judge denied plaintiffs motion.

On appeal, plaintiff challenges each of the pre-trial rulings. After our careful review of the record and our analysis of precedent, we conclude that the motion judge properly dismissed each count of plaintiffs complaint, either procedurally or summarily, and did not abuse her discretion in refusing to grant plaintiff leave to file an amended complaint.

Each of the motion judge’s rulings requires some discussion with the exception of the dismissal of count nine, Joseph Falco’s per quod claim. R. 2:ll-3(e)(l)(E). We affirm.

[305]*305I

The factual background surrounding plaintiffs employment history is somewhat complex. The crux of plaintiffs complaint is that defendants’ reasons for plaintiffs termination were pretextual. Defendants contend that the events of August 27, 1992, involving a particular cardiac catheterization procedure and the resulting investigation of those events, gave them a justifiable reason to terminate plaintiffs employment.

Plaintiff contends that she was terminated in retaliation for complaints that she voiced about her direct supervisor, defendant Phillip Barreca. We are therefore compelled to review the events surrounding plaintiffs termination.

A.

Defendant Community Medical Center (CMC) is administratively compartmentalized. Defendant Jan Crosby was the administrative director of Cardio-Neuro Services. Part of the Cardio-Neuro Services is the hospital’s Cardiac Catheterization Laboratory (Cath Lab), managed by defendant Phillip Barreca. Five employees were assigned to that unit during plaintiffs tenure: two cardiovascular technicians, Helen Clanton and Lorraine Camper; a radiology technician, Michael Siemers; and two registered nurses, Barbara Lechner and plaintiff. Vince Joseph is the executive vice president and chief operating officer of CMC. John Markle is the vice president of human resources.

Cardiologists with privileges at CMC perform cardiac catheterizations at the Cath Lab. These cardiologists include defendants Dr. Pasquariello and Dr. Bageac. Although Dr. Pasquariello serves as the medical director of the Cath Lab, neither he, nor Bageac, are employees of CMC, and neither had authority to hire, fire, or otherwise discipline hospital employees.

B.

On August 27, 1992, plaintiff is alleged to have performed a solo [306]*306Quinton4 recording during a right and left catheterization performed by Dr. Bageac. As Dr. Bageac described it, “[o]n this occasion, the patient was undergoing a diagnostic procedure performed on an urgent basis because an immediate diagnosis of the patient’s cardiac condition was necessary.” Dr. Bageac certified:

[Biased upon my initial observations and ealeulations of the patient’s cardiac condition, I made an initial recommendation that the patient immediately undergo open heart surgery, which required that the patient immediately be transferred to another hospital which had the appropriate facilities for that operation. However, I noted that the hemodynamic flow sheet [i.e., Quinton report] prepared by [plaintiff] contained numerous calculation errors, resulting in physiological data that did not comport with my initial observations and calculations. I also noticed that [plaintiff] did not prepare the final computer report that day. As [plaintiff] had left work by that time, I had to wait until first thing in the morning on the next day to tell her.
The next morning I brought these errors to [plaintiff’s] attention. I requested that she immediately prepare a corrected flow sheet and final report because the [307]*307patient was being transferred to Hackensack Medical Center, for emergency coronary and valvula surgery, at noon of that day, but [plaintiff] indicated that she could not correct the errors immediately. She stated that she could not generate a corrected report until all of the cardiac catheterizations scheduled for that day were completed. I attempted to correct the errors on the flow sheet by performing the essential calculations by hand.

As a result, Dr. Bageae had to transfer his patient to another hospital with an initial recommendation that the patient immediately undergo cardiac surgery, although he “was unable to transport the computer generated physiological data to support that initial recommendation.”

Dr. Bageae also certified that plaintiff did not disclose that she was unauthorized to operate the Quinton during a right and left catheterization. Dr. Bageae reported the incident to Barreca, who certified that plaintiff had never been authorized to operate the Quinton during a right and left heart catheterization. Barreca declared:

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Bluebook (online)
686 A.2d 1212, 296 N.J. Super. 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falco-v-community-medical-center-njsuperctappdiv-1997.