San Clemente : Fired Therapist Loses ‘Unsafe Conditions’ Case

Ending a unique lawsuit, jurors Wednesday rejected the claim of a therapist who was fired after refusing to work an understaffed hospital shift.

Gail F. Dabbs had alleged that she was unfairly fired in retaliation for her protest of what she believed were unsafe conditions at San Clemente General Hospital in 1983. But the jury exonerated Dabbs’ employer, Cardiopulmonary Management Services Inc., which claimed it was justified in firing the respiratory therapist. Dennis Gladwell, a lawyer representing the hospital’s position, also insisted that conditions did not jeopardize patient safety.

Dabbs’ unusual lawsuit broke new legal ground in the expanding field of workers’ rights. She claimed that she was fired because she refused to violate “public policy” of the state, in this case promoting patient care and safety.

Her lawsuit, filed by William Crosby, was first thrown out of court, then reinstated last January when a divided state court of appeal in Santa Ana ruled that Dabbs deserved to have a jury decide her claims. Last April, the state Supreme Court declined to hear an appeal, clearing the way for the trial.

The verdict followed two weeks of trial before Superior Court Judge Richard W. Luesebrink.