Smith v. Sacred Heart Medical Center

184 P.3d 646
Court of Appeals of Washington·Decided May 22, 2008·No. 26131-0-III·Published·Cited by 3 cases

Opinion

184 P.3d 646 (2008)

Michelle SMITH and Grandin Smith, and Karla Hamilton, an individual, Appellants,
v.
SACRED HEART MEDICAL CENTER, and Ray Judici and Melanie, husband and wife, Respondents.

No. 26131-0-III.

Court of Appeals of Washington, Division 3.

April 8, 2008.
Publication Ordered May 22, 2008.

*647 Dustin Douglass Deissner, Van Camp & Deissner, Spokane, WA, for Appellants.

Carole Lynne Rolando, Attorney at Law, Keller Wayne Allen, Mary Margaret Palmer, Allen & McLane PC, Spokane, WA, Mary H. Spillane, William Kastner & Gibbs, Seattle, WA, for Respondents.

SWEENEY, C.J.

¶ 1 An employer is liable for the acts of its employees done in the scope and course of employment and therefore in furtherance of the employer's business. An employer is *648 also responsible for its own negligence in failing to properly supervise an employee or in failing to protect those particularly vulnerable from foreseeable harm. Here, a nursing assistant employed by a hospital contacted two psychiatric patients in his employer's hospital. He hugged and kissed one patient and hugged another and suggested they have sex. Both patients went to the nursing assistant's home and engaged in sexual activity of one form or another only after the assistant had abandoned his job and after the patients had been discharged. We conclude that the court properly dismissed the patients' suit against the hospital.

FACTS

¶ 2 History: Sacred Heart Medical Center admitted Michelle Smith to inpatient care in its psychiatric ward on January 29, 2004. It admitted Karla Hamilton to the unit in early February 2004. Ms. Smith and Ms. Hamilton met in the psychiatric unit and became friends.

¶ 3 Ray Judici worked as a nursing assistant for Sacred Heart in the psychiatric unit. He performed room checks. He and Ms. Smith discreetly touched hands, legs, and feet while they were in the unit's common area. They hugged and kissed each other while they were alone in Ms. Smith's room 6 to 12 different times during Mr. Judici's employment. They did not have sexual intercourse or fondle each other at the hospital. Ms. Smith told Ms. Hamilton about her contact with Mr. Judici.

¶ 4 Ms. Hamilton did not have sexual contact with Mr. Judici while she was a patient at Sacred Heart. He did, however, hug her and tell her that he wanted to have group sex with her and Ms. Smith. Ms. Hamilton did not tell anyone at Sacred Heart about the incident. She told a friend, Daniel Koester.

¶ 5 Ms. Hamilton then overheard Mr. Koester tell someone at Sacred Heart about Mr. Judici's sexual advances toward her and Ms. Smith. She was in her room when she heard Mr. Koester talking. She looked out her door and saw nurses crowded around Mr. Koester. A water pipe had burst. People were running everywhere. And it was loud while Mr. Koester was talking to the nurses.

¶ 6 Sacred Heart discharged Ms. Hamilton in late February and Ms. Smith on March 2, 2004. On March 4, Sacred Heart told Mr. Judici that he had to schedule an "investigatory meeting" before he could return to work. Clerk's Papers at 25, 42. Mr. Judici never returned to work. On March 6, Ms. Hamilton met Ms. Smith and Mr. and Ms. Judici at a bar. They all left the bar and went to the Judici home. Ms. Hamilton, Ms. Smith, and Mr. and Ms. Judici all went into a bedroom where Ms. Smith and the Judicis engaged in group sex on the bed. Ms. Smith only remembers kissing Ms. Judici. Ms. Hamilton sat by the bedroom window. Mr. Judici grabbed Ms. Hamilton and forced her to fellate him.

¶ 7 Ms. Smith called Mr. Judici on March 7. He visited her at her apartment, and they had sex.

¶ 8 Procedure: Ms. Smith, her husband (Grandin Smith), and Ms. Hamilton sued the Judicis and Sacred Heart. They alleged sexual abuse, outrage, negligence, gross negligence, dereliction of duty, civil rights violations, and criminal and tortious conduct against the Judicis. They also alleged negligent supervision, negligent failure to protect, and liability based on the doctrine of respondeat superior against Sacred Heart.

¶ 9 The superior court dismissed all claims against all defendants. Ms. Hamilton and the Smiths appealed the dismissals. But the appellants only assign error to the court's dismissal of Sacred Heart: "The court below erred in granting summary judgment to Defendant Sacred Heart Medical Center." Appellants' Br. at 1. And they contend only that Sacred Heart is liable under theories of vicarious liability, negligent supervision, and negligent failure to protect. And we, accordingly, address only those assignments of error.

DISCUSSION

¶ 10 Ms. Hamilton and the Smiths argue that Sacred Heart owed them a duty of care based on a "special relationship." They argue that Sacred Heart had notice of inappropriate *649 conduct. And they argue that the hospital's failure to act led to the sexual liaisons that followed their discharge from the hospital. They also argue that Sacred Heart was vicariously liable for Mr. Judici's tortious acts.

¶ 11 Sacred Heart argues that it did not have a "special relationship" with Ms. Smith or Ms. Hamilton because neither was helpless or unable to protect herself while she was an inpatient. And, moreover, they were not inpatients when some of the acts that they complain of occurred. Indeed, Mr. Judici did not even work for Sacred Heart at that time. He was a former employee. Finally, Sacred Heart responds that all of the conduct complained of here was outside the scope of Mr. Judici's employment with the hospital.

¶ 12 We review an order granting summary judgment de novo. Seybold v. Neu, 105 Wash.App. 666, 675, 19 P.3d 1068 (2001). Summary judgment in favor of a defendant is only appropriate if the plaintiff fails to establish a prima facie case for an essential element of his or her claim. Id. at 676, 19 P.3d 1068. We view the evidence and any inferences that may be drawn from that evidence in a light most favorable to the nonmoving party. Miller v. Jacoby, 145 Wash.2d 65, 71, 33 P.3d 68 (2001) (citing Young v. Key Pharms., Inc., 112 Wash.2d 216, 226, 770 P.2d 182 (1989)). Our de novo review also requires that we evaluate whether evidence is sufficient or should have been considered and to what extent. Folsom v. Burger King, 135 Wash.2d 658, 663, 958 P.2d 301 (1998).

VICARIOUS LIABILITY

¶ 13 First, Ms. Hamilton and the Smiths argue that Sacred Heart is vicariously liable for Mr. Judici's torts. But the employee must act on behalf of the employer and not on some personal lark of his own for liability to attach:

Vicarious liability . . . imposes liability on an employer for the torts of an employee who is acting on the employers behalf. Where the employee steps aside from the employers purposes in order to pursue a personal objective of the employee, the employer is not vicariously liable. . . . [T]he scope of employment limits the employers vicarious liability.

Niece v. Elmview Group Home, 131 Wash.2d 39, 48, 929 P.2d 420 (1997).

Free access — add to your briefcase to read the full text and ask questions with AI

Smith v. Sacred Heart Medical Center, 184 P.3d 646 (Wash. Ct. App. 2008).

184 P.3d 646 (Smith v. Sacred Heart Medical Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kaltreider v. LAKE CHELAN COMMUNITY HOSP.
224 P.3d 808 (Court of Appeals of Washington, 2009)
Kaltreider v. Lake Chelan Community Hospital
153 Wash. App. 762 (Court of Appeals of Washington, 2009)