15 F. Supp. 3d 1111
E.D. Wash.2014Background
- Plaintiff Dennis King, a registered nurse, was terminated by Garfield County Hospital District No. 1 for alleged substance abuse following a positive drug test.
- GCHD disputed the test results and referenced potential drug diversion and employee opioid tolerance in connection with King.
- King sued GCHD, staff, Dr. McGee, QCL, Inc., and OHS Health & Safety Services, Inc. for constitutional claims, defamation, negligence, and related causes of action.
- The Second Amended Complaint alleges that OHS and Dr. McGee interpreted the urine drug tests and that OHS had an agency/employment relationship with Dr. McGee.
- Plaintiffs claim OHS and Dr. McGee owed a duty to follow standards of care in testing, analysis, and interpretation, and that McGee’s negligence can be imputed to OHS.
- Defendant OHS moved under Rule 12(c) to dismiss, arguing the complaint fails to state a claim against OHS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the SAC states a duty and breach by OHS | King alleges OHS interpreted tests and owed a standard-of-care duty. | OHS argues no factual basis for a duty or breach by OHS is pleaded. | SAC sufficiently pleads duty and breach by OHS. |
| Whether McGee’s negligence can be imputed to OHS via agency | McGee’s negligence is within OHS’s control as agent; agents’ acts impute to OHS. | No agency/agency relationship pleaded linking McGee to OHS for negligence. | SAC plausibly pleads an agency/employment relationship and imputation of McGee’s negligence to OHS. |
| Whether the allegations show a cognizable negligence claim under Washington law | Allegations show breach of standard of care in testing and interpretation causing damages. | The complaint lacks specific factual allegations of how OHS breached or damages incurred. | The allegations meet the pleading standards to survive dismissal. |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard; not naked assertions)
- Fleming v. Pickard, 581 F.3d 922 (9th Cir. 2009) (rule 12(c) standards mirror 12(b)(6))
- McGlinchy v. Shell Chem. Co., 845 F.2d 802 (9th Cir. 1988) (claims testing; failure to state a claim standard)
- Navarro v. Block, 250 F.3d 729 (9th Cir. 2001) (pleading requirements; facial plausibility)
- Pedroza v. Bryant, 101 Wash.2d 226 (Wash. 1984) (elements of negligence; duty, breach, injury, causation)
- Scott v. Ross, 140 F.3d 1275 (9th Cir. 1998) (principal liable for agent within scope of employment)
- Sheppard v. David Evans and Assocs., 694 F.3d 1045 (9th Cir. 2012) (reasonable inferences in favor of plaintiff; non-naked facts)