Lampe v. Presbyterian Medical Center

• Citation: 590 P.2d 513,41 Colo.App. 465
• Decision Date: 02 November 1978
• Docket Number: No. 77-780,77-780
• Parties: , 115 L.R.R.M. (BNA) 4313 Patricia LAMPE, Plaintiff-Appellant, v. PRESBYTERIAN MEDICAL CENTER, a Nonprofit Colorado Corporation, James H. Henderson, Joyce Warren and Beverly Walsh, Defendants-Appellees. . II
• Court: Court of Appeals of Colorado

Page 513

590 P.2d 513

41 Colo.App. 465, 115 L.R.R.M. (BNA) 4313

Patricia LAMPE, Plaintiff-Appellant, v. PRESBYTERIAN MEDICAL CENTER, a Nonprofit Colorado Corporation, James H. Henderson, Joyce Warren and Beverly Walsh, Defendants-Appellees.

No. 77-780.

Colorado Court of Appeals, Div. II.

Nov. 2, 1978.

Rehearing Denied Nov. 24, 1978.

Certiorari Denied Feb. 20, 1979.

Sterling, Simon & Rubner, Roger L. Simon, Denver, for plaintiff-appellant.

Saunders, Snyder, Ross & Dickson, P. C., Henry C. Cleveland, III, Denver, for defendants-appellees.

KELLY, Judge.

This is an appeal from the trial court's dismissal of the fifth and sixth claims for relief of the plaintiff's complaint. Pursuant to C.R.C.P. 54(b), the trial court determined that there was no just reason for delay and directed the entry of final judgment. Plaintiff's first four claims for relief are being held in abeyance pending the outcome of this appeal. Plaintiff's fifth and sixth claims allege that her employment was wrongfully terminated, in contravention of several important public policies which have been or should be recognized in Colorado. The trial court concluded that these allegations did not state a claim for which relief could be granted, and ordered both claims dismissed, from which plaintiff appeals. We affirm.

In ruling on a motion to dismiss for failure to state a claim, both the trial court and the appellate court must assume the facts alleged in the complaint to be true. Bell v. Arnold, 175 Colo. 277, 487 P.2d 545 (1971); McDonald v. Lakewood Country Club, 170 Colo. 355, 461 P.2d 437 (1969). According to the complaint, Lampe, a licensed professional nurse, was hired by Presbyterian Medical Center in September of 1975 to serve for an indefinite term as head nurse of the intensive care unit. Until November 1976, it was Lampe's responsibility to determine the total number of nurse staffing hours required to operate her unit. At that time the hospital instituted a new " cyclic staffing" system. Cyclic staffing presented serious problems for Lampe and her staff, requiring them to work long overtime hours. Various meetings were held to attempt to resolve these and other problems.

In January 1977, the intensive care unit had a 80%- to 90%-Bed occupancy rate which Lampe believed required an increase in the nursing staff. During the same period of time, however, the defendants requested that Lampe try to reduce the amount of overtime work by the nurses in her unit. Lampe decided she could not fully comply with this request without jeopardizing the care of her patients.

After further meetings did not resolve these problems, Lampe received a "Notice of Termination" signed by defendant Warren, the Director of Nursing Services at Presbyterian Medical Center. The Notice of Termination alleged that plaintiff was unable and unwilling to fulfill the requirements of her job description, that the nurses under her direction were in a state of dissatisfaction and unrest, that the quality of patient care in her unit had declined, and that she had failed to follow established procedures and to adhere to budgetary restrictions. Plaintiff then brought this suit, seeking both compensatory and punitive damages.

The trial court granted the defendants' motion to dismiss plaintiff's fifth and sixth claims, finding that they did not state valid claims for relief. The trial court's analysis of current Colorado law is correct. In the absence of special consideration or an express stipulation as to the duration of employment, an indefinite general hiring is terminable at will by either party. Justice v. Stanley Aviation Corp., 35 Colo.App. 1, 530 P.2d 984 (1974). Plaintiff does not dispute the trial court's conclusions; instead, she invites the Court of Appeals to expand Colorado tort law to cover this case. We decline to do so.

I.

Plaintiff's fifth claim for relief is based on § 12-38-201, et seq., C.R.S.1973, the Colorado statute which defines and regulates the nursing profession. Plaintiff places heavy emphasis on the legislative declaration of policy in § 12-38-201:

"The general assembly hereby declares it to be the policy of this state that, in order to safeguard life, health, property, and the public welfare of the people of this state and in order to protect the people of the state of Colorado from the unauthorized, unqualified, and improper application of services by individuals in the practice of professional nursing, it is necessary that a proper regulatory authority be established and adequately provided for. The general assembly further declares it to be the policy of this state to regulate the profession of professional nursing through a state agency with the power to enforce the provisions of this part 2. Any person who practices as a professional nurse without qualifying for proper licensing and without submitting to the provisions of this part 2 endangers the public health thereby."

Plaintiff also relies on § 12-38-217, C.R.S.1973, which gives the State Board of Nursing the power:

"To withhold, deny, revoke, suspend, or refuse to renew any license or permit or to place on probation a professional nurse, . . . upon proof that such person . . . has negligently or willfully acted in a manner inconsistent with the health or safety of persons under her care . . .."

Put simply, plaintiff alleges that she was discharged for acting in accordance with these statutes. She argues that the public...