Washington v. Guest Services, Inc.
Decision Date | 17 September 1998 |
Docket Number | No. 96-CV-997.,96-CV-997. |
Citation | 718 A.2d 1071 |
Parties | Tracie WASHINGTON, Appellant, v. GUEST SERVICES, INC., Appellee. |
Court | D.C. Court of Appeals |
A. Palmer Ifill, Washington, DC, for appellant.
Stephen B. Foreman, with whom Jennifer R. Pitarresi, Washington, DC, was on the brief, for appellee.
Before SCHWELB and RUIZ, Associate Judges, and KING, Associate Judge, Retired.*
We answer both questions in the affirmative.
In September 1994, Tracie Washington was employed as a dietary aide and cook at the Friendship Terrace Retirement Home in northwest Washington, D.C. The home housed approximately two hundred elderly residents, and its dining room and kitchen were operated by Guest Services, Inc. This case arises from the involuntary termination of Ms. Washington's employment on September 9 of that year.
The circumstances which allegedly led to Ms. Washington's discharge are described in an affidavit which she filed in opposition to Guest Services' motion for summary judgment, and also in Ms. Washington's pretrial deposition. Briefly, Ms. Washington claims that on September 8, 1994, she was preparing a meal for the residents of the home when a fellow worker, Tyrica Martin, began spraying stainless steel cleaner in the area where Ms. Washington was cooking. Ms. Washington stated in her affidavit that "the spray is poisonous and if it comes into contact with food it renders the food unwholesome and unfit for human consumption." She asserted that "where I stood I could feel the spray on me and I could see the spray entering the food I was preparing." Ms. Washington claimed to have been especially concerned about potential contamination of the food because many of the residents of Friendship Terrace were in ill health.
According to Ms. Washington, "the law requires that I not prepare nor serve food unless it is appropriately protected from ... contamination." Therefore, in an effort to obey the law, Ms. Washington
The events that followed were described by Ms. Washington in her affidavit:
On February 13, 1996, Ms. Washington filed a complaint against Guest Services, Inc., alleging that her discharge was wrongful. Ms. Washington claimed that her co-worker's conduct in spraying the food with cleaning fluid contravened applicable District of Columbia health and food regulations,1 and that Guest Services had dismissed her (Ms. Washington) "for protesting safety, health, and food code violations on the part of the defendant."
On June 17, 1996, Guest Services filed a motion for summary judgment. Guest Services argued that Ms. Washington was an at-will employee2 and that her allegations, even if true,3 did not bring her within the only public policy exception to the at-will employment doctrine that had been recognized by this court at the time. See Adams v. George W. Cochran & Co., 597 A.2d 28, 34 (D.C.1991) ( ).
On July 26, 1996, Ms. Washington filed her notice of appeal.
Ms. Washington and Guest Services filed their initial briefs in this court on May 8, 1997 and June 3, 1997 respectively. In their submissions, the attorneys debated the question whether Ms. Washington's allegations, if credited, brought her situation within the Adams exception to the at-will doctrine. The case was scheduled for submission without oral argument on November 4, 1997. The appeal was thus still pending on September 23, 1997, when the en banc court issued its decision in Carl II.
On December 18, 1997, recognizing that Carl II had added a potential new dimension to Ms. Washington's appeal, this division issued an interim order. Washington v. Guest Servs., Inc., 703 A.2d 646 (D.C.1997) (per curiam) (Washington I). We held in Washington I that the trial judge had properly granted Guest Services' motion for summary judgment under the law as it existed prior to Carl II. We further directed counsel to submit their views as to whether the law as enunciated in Carl II applies to the present appeal and, if so, whether the entry of summary judgment in Guest Services' favor remained appropriate.4 Having considered the parties' supplemental written and oral submissions, we now hold that although the trial judge's decision correctly reflected the case law at the time the motion was decided, the basis for his ruling has been superseded by Carl II.
We first consider the question whether the modification of the at-will doctrine adopted by the en banc court in Carl II applies to cases in which the plaintiff was discharged prior to September 23, 1997. We hold that it does.
As a general rule, statutes operate prospectively, while judicial decisions are applied retroactively. United States v. Security Indus. Bank, 459 U.S. 70, 79, 103 S.Ct. 407, 74 L.Ed.2d 235 (1982). When, as in Carl II, a decision of this court articulates a new rule of law, "it is our duty to apply its holding to this case unless equitable considerations require a different result." Tenants of 2301 E St. N.W. v. District of Columbia Rental Hous. Comm'n, 580 A.2d 622, 628 (D.C.1990) (citing United States v. The Schooner Peggy, 5 U.S. (1 Cranch) 103, 110, 2 L.Ed. 49 (1801)). In such cases, we must presumptively apply the law as it exists at the time of our decision, even though the trial judge's disposition was correct at the time of his ruling. Id.
Id. at 629, 85 S.Ct. 1731; see also Mendes, 389 A.2d at 788 (quoting Linkletter).
389 A.2d at 789. Analyzing these criteria, the court held in Mendes that the new rule should be given only "partial retroactive effect, i.e., it will apply to the instant parties as well as prospective application." Id. at 792.
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