Palmer v. Women's Christian Ass'n of Council Bluffs

485 N.W.2d 93, 7 I.E.R. Cas. (BNA) 313, 1992 Iowa App. LEXIS 37, 1992 WL 87111
CourtCourt of Appeals of Iowa
DecidedFebruary 25, 1992
Docket91-155
StatusPublished
Cited by4 cases

This text of 485 N.W.2d 93 (Palmer v. Women's Christian Ass'n of Council Bluffs) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmer v. Women's Christian Ass'n of Council Bluffs, 485 N.W.2d 93, 7 I.E.R. Cas. (BNA) 313, 1992 Iowa App. LEXIS 37, 1992 WL 87111 (iowactapp 1992).

Opinions

[94]*94HABHAB, Justice.

Susan Palmer was employed as a registered nurse at Jennie Edmundson Memorial Hospital (hospital) in Council Bluffs. She allegedly gave improper emergency care to a sixteen-week fetus born in the hospital’s outpatient restroom. After Palmer turned the fetus over to others, the fetus was found to be alive and was given medical attention. However, death followed.

As a result of this incident, the hospital terminated Palmer’s employment. Palmer later filed the present lawsuit against the hospital and two of its executives. She alleged numerous causes of action, including wrongful discharge, libel, slander, interference with contract of hire, interference with prospective employment contracts, negligent and intentional infliction of emotional distress, and fraudulent misrepresentation.

The trial court granted the defendants a partial directed verdict. It dismissed all claims against the two individual defendants and all claims except wrongful discharge against the hospital. The suit then proceeded to trial on the wrongful discharge claim. The jury awarded Palmer a verdict of $150,000 against the hospital.

In ruling on posttrial motions, the trial court concluded the damage award was excessive. It granted the hospital a new trial limited to damages. However, the trial court denied the hospital’s additional motion for judgment notwithstanding the verdict.

The hospital has appealed the denial of judgment notwithstanding the verdict. Palmer has cross-appealed. The hospital advances two reasons for its assertion that it is entitled to judgment notwithstanding the verdict.

First, it alleges the hospital’s personnel handbook creates an at-will employment relationship. Therefore, the hospital argues, Palmer’s employment can be terminated for any reason or no reason. In this respect, the trial court agreed with the hospital’s interpretation of the handbook. However, it denied the motion for judgment notwithstanding the verdict because a hospital executive acknowledged in testimony just cause was required for discharge.

Second, the hospital argues public policy should not allow Palmer an action for wrongful discharge. The hospital contends public policy favors the protection of hospital patients. Therefore, it argues it should be able to discharge a nurse when her nursing superiors conclude her patient care is inadequate.

In her cross-appeal, Palmer raises several issues. Palmer first contends the amount of her damage award was supported by the evidence. She therefore argues the district court erred by granting a new trial on the issue of damages.

Palmer next claims the trial court erred by granting the defendants a partial directed verdict. She argues there is sufficient evidence to show defendants (1) libeled and slandered her; (2) interfered with her contract of hire; and (3) interfered with her prospective employment contracts. She also assigns as error granting the individual defendants a directed verdict on the ground all their actions were taken merely as agents for the hospital.

Finally, Palmer contends the district court erred by excluding from evidence a document prepared by a hospital executive for a Job Service hearing. The document stated reasons for Palmer’s discharge. Palmer alleges the publication of the document constituted defamation. She argues if the document was admitted, there would be sufficient evidence on her libel and slander claims to generate a jury question.

Our review is for errors of law. Iowa R.App.P. 4. Because we find it dis-positive of this case, we deal first with defendant’s motion for judgment notwithstanding the verdict on Palmer’s wrongful discharge claim.

A judgment notwithstanding the verdict must stand or fall on the grounds stated in the motion for directed verdict. On appeal, our review is limited to those grounds.
When considering a motion for a judgment notwithstanding the verdict, the [95]*95district court must view the evidence in the light most favorable to the party against whom the motion is directed. In reviewing , we also view the evidence in the same manner. Simply put, we ask, was there sufficient evidence to generate a jury question?

Konicek v. Loomis Bros., Inc., 457 N.W.2d 614, 617 (Iowa 1990).

I. Contract by Employee’s Handbook

Palmer claims the employees’ handbook created a contract of employment between herself and the hospital. As a result of this contract, she alleges, she could only be discharged for cause.

The hospital moved for judgment notwithstanding the verdict on the wrongful discharge claim. It claimed the handbook by its own terms did not create a contract, and Palmer was in fact an at-will employee. While agreeing with the hospital’s argument on its face, the trial court overruled the motion on the grounds that: 1) Palmer had testified she was told the handbook defined the employment terms, and 2) one of the hospital executives testified just cause must exist to terminate the plaintiff. We set out the pertinent portions of their testimony.

To Ms. Palmer, the plaintiff.

Q. I want to ask you about this personnel handbook. When you were hired on with Jennie Edmundson Hospital, did you have an orientation period where you went over the personnel handbook? A. [Palmer]. Yes.
Q. Did you understand that to be the terms of your employment with the hospital? A. Yes.
Q. And was that what they told you in orientation? A. Yes.
* * * * * *

To Mr. Holcomb, hospital executive/defendant:

Q. You identified yourself as a vice-president of Jennie Edmundson Hospital? A. [Holcomb]. Yes, sir.
Q. And you are the representative of the hospital here today? A. Yes, sir.
Q. Now, do you agree with your counsel that you had to have just cause to terminate Susan Palmer in this case? A. Yes.
Q. And we’ll address the cause here in a minute. I want to ask you, did you follow the procedures, do you think, in this case prescribed by the hospital? A. Yes.
Q. And those are contained in the personnel manual? A. Yes.

We have reviewed the hospital’s handbook, which was entered into evidence. Prominently displayed on the first page, the handbook provides:

It is also important to understand that this Personnel Handbook does not constitute a contract between the Hospital management and the Hospital employees. Rather, the information contained in this handbook reflects a general description of the policies, services, and benefits of the Hospital currently in effect. The Hospital management retains the right to modify or abolish these policies, services, and benefits and reserves the right to adopt new policies, services, and benefits. (Emphasis added.)
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Palmer v. Women's Christian Ass'n of Council Bluffs
485 N.W.2d 93 (Court of Appeals of Iowa, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
485 N.W.2d 93, 7 I.E.R. Cas. (BNA) 313, 1992 Iowa App. LEXIS 37, 1992 WL 87111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-womens-christian-assn-of-council-bluffs-iowactapp-1992.