Ridolfi v. Harrisburg Hospital

5 Pa. D. & C.4th 330, 1989 Pa. Dist. & Cnty. Dec. LEXIS 62
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedMarch 15, 1989
Docketno. 3957 S 1986
StatusPublished

This text of 5 Pa. D. & C.4th 330 (Ridolfi v. Harrisburg Hospital) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ridolfi v. Harrisburg Hospital, 5 Pa. D. & C.4th 330, 1989 Pa. Dist. & Cnty. Dec. LEXIS 62 (Pa. Super. Ct. 1989).

Opinion

DOWLING, J.,

The cause of action for wrongful discharge, unknown at common law, has its Pennsylvania genesis in the seminal [331]*331case of Geary v. United States Steel Corp., 456 Pa. 171, 319 A.2d 174 (1974). The plaintiff in Geary believed that a new steel tube product had not been adequately tested, and that it constituted a danger to persons using it. Geary expressed his concerns vigorously to his superiors, including a company vice president, and was fired soon thereafter for making a nuisance of himself. He filed a complaint alleging the company’s conduct was wrongful, abusive and malicious, and sought both punitive and compensatory damages.

The trial court sustained the company’s preliminary objections in the nature of a demurrer, and the complaint was dismissed. The Superior Court affirmed per curiam and the case reached the Supreme Court. The court recognized that absent a statutory or contractual provision to the contrary, there is a presumption of an at-will employment relationship which can be terminated by either side at any time for any or no reason. The court conceded, however, that an at-will employee may have a cause of action against his employer for wrongful discharge if the firing violates a clear mandate of public policy or was done with specific intent to harm the employee. Geary at 180-5, 319 A.2d at 178-80. In the following decade and a half, our courts have narrowly construed these exceptions to the employment-at-will doctrine.

Pending for disposition is defendants’ motion for summary judgment in a case involving the discharge of a hospital employee. Defendants contend the firing does not implicate a cognizable public policy, there are no genuine issues of material fact, and thus they are entitled to judgment as a matter of law. Plaintiff counters that there are sufficient factual allegations to proceed to trial on the issue of [332]*332whether the pulmonary function test was a medical procedure requiring a physician’s order.

Edward G. Ridolfi was employed as a pulmonary function technician by defendant, Harrisburg Hospital. Individual defendants, David Wilson and Stephen Geeseman, were the administrative director and clinical supervisor, respectively, at the hospital. On May 2, 1985, Ridolfi received a request from his supervisor, defendant Geeseman, to perform a pulmonary function test1 on a heart patient. Noting that there was no written order from a physician, plaintiff refused. A verbal authorization was subsequently obtained from a doctor and Ridolfi then performed the test. Six days after this incident, Ridolfi was notified by defendant Wilson that he was being discharged.

Plaintiff filed suit seeking reinstatement to his former position, as well as compensable and punitive damages. The complaint contains three counts which advance separate causes of action for wrongful discharge, breach of contract, and intentional infliction of emotional distress. Defendants filed preliminary objections and count III (intentional infliction of emotional distress) was stricken from the complaint. At oral argument and in his brief, plaintiff has abandoned the breach of contract claim2 and has conceded that the hospi-[333]*333taTs unilateral act of publishing and promulgating an employee manual does not create any contractual rights nor does it negate the employment-at-will presumption.

The lone remaining count of the complaint alleged that “defendants wrongfully, willfully, maliciously, intentionally and in bad faith discharged plaintiff . . . solely because he failed to follow. a supervisor’s order which order was in direct violation of hospital policy, state law and sound medical procedure.” Plaintiff maintains that his dismissal constitutes a. clear violation of the public policy of the Commonwealth of Pennsylvania as articulated in a health care regulation, 28 Pa. Code §107.61. Finally, the wrongful discharge count also contains a bald assertion that defendants acted with a specific intent to harm plaintiff by terminating his employment.

The standard governing the grant or denial of a motion for summary judgment is well established. Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file show there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. ... It is basic that summary judgment may be entered only in a case that is clear and free from doubt.” Rossi v. Pennsylvania State University, 340 Pa. Super. 39, 44-5, 489 A.2d 828, 831 (1985); Pa.R.C.P. 1035(b). The function of the court is not to decide issues of fact, but only to determine whether any such issues exist. Ilie court must examine the record in the light most favorable to the non-moving party and all [334]*334doubts as to the existence of a genuine issue of material fact must also be so resolved.

Applying these standards, plaintiff has pled that he reasonably believed the pulmonary function test was a medical procedure which should be administered only upon the written order of a physician. Plaintiff cites 28 Pa. Code §107.613 to substantiate his contention that a genuine issue of material fact exists on whether the test requires prior authorization from a doctor. The code requires a written and signed order from a practitioner prior to the administration of medication or treatment, and a diagnostic procedure such as a pulmonary function test does not fall within the purview of either of these categories.

In his deposition, Ridolfi explained in laymen’s terms what the test entails:

Q: All right. Tell me a little bit about pulmonary function test. You are a therapist. Let’s assume I. know nothing about it. Explain it to me as a total layman.
A: Generally what it does is determines disease of the lung, airway damage, if there is any airway damage present, to the extent of the damage. And physician seeing — you can get it pictorially, usually through a computer. That’s what I did at the hospital. And the physician sees the results and prescribes the proper treatment.
[335]*335Q: Does the patient blow into some sort of machine?
A: Correct.
Q: How do you do the test, in other words?
A: Well, the patient is usually sitting, and on the simple spirometry, the patient would take a deep breath maximally and blow out as forcefully as possible.
Q: In other words, you would say take as big a breath [as] you could and blow as hard as you can?
A: And as fast as you can.
Q: Into the machine?
A: Until all the air in your lungs is empty.
Earlier in his deposition, plaintiff unequivocally denied that a pulmonary function test constitutes a medical treatment:
Q: Now, in your complaint, you state that pulmonary function test is medical treatment. Would you define medical treatment? What is your definition?

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Bluebook (online)
5 Pa. D. & C.4th 330, 1989 Pa. Dist. & Cnty. Dec. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ridolfi-v-harrisburg-hospital-pactcompldauphi-1989.