Donelson v. Providence Health & Serv.

• Decision Date: 14 October 2011
• Docket Number: No. CV–10–157–EFS.,CV–10–157–EFS.
• Citation: 86 Fed. R. Evid. Serv. 1044,823 F.Supp.2d 1179,25 A.D. Cases 1288
• Court: U.S. District Court — District of Washington
• Parties: Carmen DONELSON and Douglas Donelson, Wife and Husband, Plaintiffs, v. PROVIDENCE HEALTH & SERVICES – WASHINGTON d/b/a Providence Health Care and d/b/a St. Joseph Care Center, Defendant.

25 A.D. Cases 1288

823 F.Supp.2d 1179

86 Fed. R. Evid. Serv. 1044

Carmen DONELSON and Douglas Donelson, Wife and Husband, Plaintiffs,

v.PROVIDENCE HEALTH & SERVICES – WASHINGTON d/b/a Providence Health Care and d/b/a St. Joseph Care Center, Defendant.

No. CV–10–157–EFS.

United States District Court, E.D. Washington.

Oct. 14, 2011.

Genevieve Mann, William J. Powell, Spokane, WA, for Plaintiffs.

Boris Gaviria, Paula L. Lehmann, Davis Wright Tremaine, Bellevue, WA, for Defendant.

ORDER GRANTING IN PART, DENYING IN PART, AND HOLDING IN ABEYANCE IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT'S MOTION TO EXCLUDE PLAINTIFF'S EXPERT WITNESS, DANIEL MCKINNEY

EDWARD F. SHEA, District Judge.

INTRODUCTION

Plaintiffs Carmen and Douglas Donelson (collectively, “Plaintiffs”) filed this action on May 18, 2010, alleging that Mrs. Donelson was terminated from her nursing position with St. Joseph Care Center (SJCC) in violation of the Washington Law Against Discrimination (WLAD), the Americans with Disabilities Act (ADA), and section 504 of the Rehabilitation Act, and alleging a common law cause of action for wrongful termination in violation of public policy. Plaintiffs further allege that Defendant's conduct caused Mr. Donelson to suffer loss of consortium.

Before the Court are two defense motions: Defendant's Motion for Summary Judgment, ECF No. 18, and Defendant's Motion to Exclude Plaintiffs' Expert Witness, Daniel McKinney, ECF No. 14. For the reasons discussed below, the Court grants in part, denies in part, and holds in abeyance in part Defendant's Motion for Summary Judgment, and grants Defendant's Motion to Exclude Plaintiffs' Expert Witness.

DISCUSSION

I. PHS's Motion for Summary JudgmentA. Factual Background ¹

SJCC is a non-profit skilled nursing facility providing 24–hour nursing and rehabilitation care at its 162–bed facility. SJCC offers services to patients who choose to live their remaining days at a skilled nursing facility, as well as to patients who need short-term assistance to recover from illness, surgery, or hospitalization. SJCC is a subsidiary of Defendant Providence Health & Services (PHS), a health care ministry of the Catholic Church sponsored by the Vatican. SJCC adheres to Providence's religious mission and purpose, providing spiritual and pastoral care services to its residents, employing a chaplain, and offering weekly religious services. SJCC's logo includes a cross. SJCC employees are not required to be Catholic or to participate in religious services, and SJCC provides care to patients of any faith or religious belief. SJCC strives to provide continuous care by having its caregivers develop an understanding of their resident's specific health care needs.

Plaintiff Carmen Donelson received her certification as a Nursing Assistant Certified (NAC) in 2002, and worked at several different facilities until she was hired for a full-time position at SJCC in March of 2009. Ms. Donelson worked as both a NAC and as a bath aide while employed at SJCC. Her job duties included assisting residents with their personal care, feeding, and transportation, as well as providing specialized care for patients in regard to their daily baths. Consistent with SJCC's policies for new employees, Ms. Donelson was subject to a ninety-day probationary period upon commencing her employment. SJCC's probation and medical leave policies provide that employees are not entitled to leave until they have completed their full probationary period.

On June 4, 2009, five days before the end of her probationary period, Ms. Donelson jammed her finger on a wheelchair while assisting a resident into a bath chair. After her finger became red, swollen, and painful the next day, Ms. Donelson went to the emergency room, where she was told she had sprained her finger. Ms. Donelson provided immediate notice of her injury to SJCC and initiated a worker's compensation claim. On June 10, 2009, Ms. Donelson submitted to SJCC a note from her doctor indicating that she would be unable to return to work until June 17, 2009.

On June 11, 2009, SJCC sent Ms. Donelson a letter informing her that she was not eligible for FMLA. Though SJCC's policies provide that employees are not entitled to leave until they have completed their full probationary period, SJCC placed Ms. Donelson on an unpaid six-week leave. The condition of Ms. Donelson's finger worsened over the next several weeks, and Ms. Donelson contracted MRSA (methicillin-resistant staphylococcus aureus), a dangerous antibiotic-resistant bacterial infection. Ms. Donelson's finger was subsequently amputated up to the first joint in late June 2009.

During the course of Ms. Donelson's unpaid leave, she submitted several additional letters from her treating physicians to SJCC. On June 15, 2009, June 22, 2009, and July 1, 2009, Ms. Donelson's orthopedic surgeon submitted notes to SJCC stating that she would be unable to return to work until further notice. On July 2, 2009, Ms. Donelson's surgeon submitted a note stating that “[Ms. Donelson] has developed osteomyelitis of right index finger. Surgery is planned and she will need 6 weeks of antibiotics/wound care. She will be unable to return to work due to the infection until she is finished with this treatment.” As of July 20, 2009, Ms. Donelson had exhausted her six weeks of unpaid medical leave, and her doctors had not provided her with a definite return to work date.

Ms. Donelson was terminated from SJCC on July 20, 2009. SJCC's termination letter stated that “if [Ms. Donelson was] rehired within one year reinstatement is available.” Ms. Donelson continued to receive medical treatment and engage in therapy until she was released to return to work on October 20, 2009.

Sometime after Ms. Donelson received clearance to return to work, her worker's compensation case manager left a message stating that SJCC would “love to have [her] come back.” Ms. Donelson received the message but never returned the call, being unwilling to return to SJCC because she believed that she was terminated because of her injury. Ms. Donelson obtained other employment in November 2009, roughly two weeks after being released to work.

Plaintiffs filed this action on May 18, 2010, seeking general damages, special damages for lost wages, loss of future earnings and lost earning capacity, punitive damages under 42 U.S.C. § 1981a, and loss of consortium damages on behalf of Mr. Donelson. PHS now moves for summary judgment on all of Plaintiffs' claims.

B. Summary Judgment Standard

Summary judgment is appropriate if the “pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). Once a party has moved for summary judgment, the opposing party must point to specific facts establishing that there is a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the nonmoving party fails to make such a showing for any of the elements essential to its case for which it bears the burden of proof, the trial court should grant the summary judgment motion. Id. at 322, 106 S.Ct. 2548. “When the moving party has carried its burden of [showing that it is entitled to judgment as a matter of law], its opponent must do more than show that there is some metaphysical doubt as to material facts. In the language of [Rule 56], the nonmoving party must come forward with ‘specific facts showing that there is a genuine issue for trial.’ ” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586–87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (internal citation omitted) (emphasis in original).

When considering a motion for summary judgment, the Court does not weigh the evidence or assess credibility; instead, “the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson, 477 U.S. at 255, 106 S.Ct. 2505. This does not mean that a court will accept as true assertions made by the non-moving party that are flatly contradicted by the record. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (“When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment”).

C. Ms. Donelson's Washington Law Against Discrimination Claim

PHS asserts that Ms. Donelson's WLAD claim must be dismissed because PHS falls within the law's exemption for religious organizations. Plaintiffs counter that: 1) PHS should be equitably estopped from asserting its exempt status; 2) PHS does not fall within the exemption; and 3) the WLAD's exemption for religious organizations violates Article I, Section XI of the Washington Constitution.

1. Estoppel Argument

Plaintiffs assert that PHS should be estopped from asserting that it is exempt under the WLAD's religious exemption because statements in PHS's Equal Employment Opportunity (EEO) policy, given to new employees upon hire, state that PHS will not discriminate on the basis of disability.²

Under Washington law, a party asserting equitable estoppel must demonstrate 1) an admission, statement, or act inconsistent with the claim afterwards asserted, 2) action by the other party on the faith of such admission, statement, or act, and 3) injury to such other party resulting from allowing the first party to contradict or repudiate such admission, statement, or act. Farnam v. CRISTA Ministries, 116 Wash.2d 659, 678–79, 807 P.2d 830 (1991) (en banc) (citing Saunders v. Lloyd's of London, 113 Wash.2d 330, 340, 779 P.2d 249 (1989)). “Estoppel focuses on the justified reliance of the person asserting it.” Id. at 679, 807 P.2d 830. Justifiable reliance is defined by ...