Wash. Court of Appeals published opinion — 341038_pub.pdf

Citation: Wash. Court of Appeals published opinion — 341038_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/341038_pub.pdf ↗

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justification. The court rejected a broad reading of the Biblical admonition because an

employer's interests, however legitimate, would be subjugated to a plethora of employee

excuses. A delivery person could stop to aid every motorist with car trouble, no matter

how severe the consequences to the employer in terms of missed delivery deadlines.

Nevertheless, the narrow public policy encouraging citizens to rescue persons from life

threatening situations clearly evinced a fundamental societal interest of greater

importance than the Good Samaritan doctrine. The waiver of most criminal and tort

penalties stemming from conduct necessarily committed in the course of saving a life

illustrated the value attached to such acts of heroism. Since society placed the rescue of a

life above constitutional rights and above the criminal code, such conduct rose above a

company's work rule.

The only other Washington decision addressing the overriding justification

element is Wahl v. Dash Point Family Dental Clinic, Inc., 144 Wn. App. 34 (2008). The

trial court, in a bench trial, ruled in favor of employee Candace Wahl on her wrongful

discharge in violation of public policy claim. Wahl presented testimony that her dentist

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 34103-8-III
Martin v. Gonzaga University

boss fired her for failing to accept his sexual advances. On appeal, the boss, Don Moore,

argued he held an overriding justification for the termination from employment. He

contended Wahl's performance was substandard and that he gave Wahl several

reprimands concerning her poor performance. This court affirmed the trial court

judgment in favor of Wahl, since the evidence showed that the claim of substandard