Facts: Janis Cagle filed suit against her former employer in the United States District Court for the Eastern District of Washington, alleging that her dismissal from her position at a nuclear project construction site was wrongful insofar as it resulted from her refusal to disregard safety protocols and her threat to report her employer to the Nuclear Regulatory Commission. The district court found in Cagle’s favor but certified the question of whether Cagle could recover damages for emotional distress to the Supreme Court of Washington.

Question(s): Does Washington Revised Code Title 51 bar Cagle from collecting damages for emotional distress?

Conclusion: Justice Pearson’s opinion for a unanimous Court held that the recovery of damages for anguish or emotional distress was generally permissible in cases involving intentional torts, a category of torts that includes wrongful termination in violation of public policy. Moreover, the Court concluded that Title 51 only barred recovery of damages for emotional distress inflicted in the course of employment. Thus, as Cagle’s emotional distress had occurred as a result of her termination, Title 51 did not preclude her from recovering damages.

Docket No. 52442-4

Petitioner: Janis Cagle

(Counsel: Scott L. Schmidtman)

Respondent: Burns & Roe, Inc.

(Counsel: H. Weston Foss and Michael F. Mogan)

Decided: Thursday, October 9th, 1986

Prevailing Party: Janis Cagle (Petitioner)

Vote: 9-0

Opinion: 106 Wn.2d 911 (1986)

Court: Dolliver1 Court (1985-1986)

Dolliver

Utter

Brachtenbach

Dore

Pearson

Andersen

Callow

Durham

Goodloe