Community Care Center of Aberdeen v. Mary Barrentine
160 So. 3d 216
| Miss. | 2015Background
- Mary Barrentine, a nursing-home employee, sued Community Care Center alleging wrongful discharge for reporting suspected patient abuse on April 29, 2011.
- Barrentine filed suit on November 15, 2012—more than one year after the alleged discharge.
- Community Care Center moved for summary judgment, arguing the claim is an action on an unwritten employment contract and thus barred by the one-year statute of limitations (Miss. Code Ann. § 15-1-29).
- Barrentine argued her claim is a tort (a McArn wrongful-discharge claim in violation of public policy) governed by the three-year statute of limitations (Miss. Code Ann. § 15-1-49).
- The trial court denied summary judgment, holding McArn claims are torts governed by the three-year limitations period; the Supreme Court of Mississippi granted interlocutory review to resolve the issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a McArn wrongful-discharge claim is a tort or an action on an unwritten employment contract | Barrentine: McArn claims are torts and thus governed by the general three-year statute of limitations | Community Care Center: McArn claims are effectively contract-based and subject to the one-year limitations for unwritten employment contracts | Held: McArn wrongful-discharge claims are independent torts, not contract actions |
| Which statute of limitations applies to McArn claims | Barrentine: § 15-1-49 (three years) applies to tort claims | Community Care Center: § 15-1-29 (one year) applies because claim arises from employment termination | Held: § 15-1-49 (three years) applies; § 15-1-29 does not apply to McArn claims |
Key Cases Cited
- McArn v. Allied Bruce-Terminix Co., Inc., 626 So. 2d 603 (Miss. 1993) (recognizing narrow public-policy exceptions creating independent torts for wrongful discharge)
- Willard v. Paracelsus Health Care Corp., 681 So. 2d 539 (Miss. 1996) (reaffirmed McArn tort theory and availability of tort remedies)
- Paracelsus Health Care Corp. v. Willard, 754 So. 2d 437 (Miss. 1999) (commentary that introduced ambiguity by describing retaliatory discharge as breach of contract)
- Phillips v. Butterball Farms Co., Inc., 531 N.W.2d 144 (Mich. 1995) (held retaliatory discharge claim is grounded in tort and arises independently of the employment contract)
- Avery, Shanks & Waltman, Inc. v. Giordano-Kirby Ins. Agency, Inc., 404 So. 2d 1036 (Miss. 1981) (earlier decision discussing one-year limitations for traditional employee wrongful-termination claims)
- Michael S. Fawer v. Evans, 627 So. 2d 829 (Miss. 1993) (held § 15-1-29 applies to traditional employer-employee situations and not to nontraditional contract disputes)