Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sullivan v. St. Joseph's Rehabilitation and Residence

Supreme Court of Maine

July 12, 2016

DANIELLE SULLIVAN
v.
ST. JOSEPH'S REHABILITATION AND RESIDENCE et al.

          Argued: December 10, 2015

         On the briefs:

          Guy D. Loranger, Esq., Law Office of Guy D. Loranger, P.A., Old Orchard Beach, for appellant Danielle Sullivan

          James B. Haddow, Esq., Gerald F. Petruccelli, Esq., and Kimberly A. Watson, Esq., Petruccelli, Martin & Haddow, LLP, Portland, for appellee St. Joseph’s Rehabilitation and Residence

          Katharine I. Rand, Esq., and Nolan L. Reichl, Esq., Pierce Atwood, Portland, for appellee Catholic Health East, Inc.

         At oral argument:

          Guy D. Loranger, Esq., for appellant Danielle Sullivan

          Gerald F. Petruccelli, Esq., for appellee St. Joseph’s Rehabilitation and Residence

          Nolan L. Reichl, Esq., for appellee Catholic Health East, Inc.

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

          SAUFLEY, C.J.

         [¶1] In 2012, Danielle Sullivan resigned from her job as director of nursing at St. Joseph's Rehabilitation and Residence, and in 2013, she filed a two-count complaint against St. Joseph's[1] seeking relief pursuant to the Whistleblowers' Protection Act, 26 M.R.S. §§ 831-840 (2015). One count of the complaint asserted a specific claim for relief based on an allegation of constructive discharge. The court (Cumberland County, Cole, C.J.) granted a summary judgment for St. Joseph's on Sullivan's constructive discharge claim, and a jury trial was then held on Sullivan's remaining WPA claim.[2] The jury found against Sullivan on that claim. Sullivan now appeals from the court's entry of a summary judgment in favor of St. Joseph's on the constructive discharge claim. We affirm the judgment.

         I. BACKGROUND

         [¶2] Sullivan's complaint included two counts asserted pursuant to the WPA-"retaliation" and "constructive discharge." St. Joseph's moved for summary judgment on both counts and prevailed as to the constructive discharge claim. Because Sullivan appeals only from the court's grant of summary judgment, the following facts are drawn from the summary judgment record.[3] See Budge v. Town of Millinocket, 2012 ME 122, ¶ 12, 55 A.3d 484. Recognizing that these facts may have been disputed in the context of the constructive discharge count had it gone to trial, we are nonetheless bound to consider the facts drawn from the summary judgment record in the light most favorable to Sullivan. Id.

         [¶3] In December 2009, St. Joseph's Rehabilitation and Residence, a Maine nonprofit corporation, hired Danielle Sullivan as director of nursing. In November 2010, Sullivan and others at St. Joseph's were asked to reduce staff to cut expenses. Sullivan was concerned that the cost-cutting measures would affect the health of the residents, resulting in negative outcomes or potential negative outcomes for the residents. Sullivan complained about the cost-cutting measures to her superiors. She also emailed the chair of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.