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Thomas v. Medical Center Physicians

12/27/2002

s not constitute a defense for the Medical Center. Under the equitable doctrine of "unclean hands," the Court has the discretion to evaluate the relative conduct of both parties and to determine whether the party seeking equitable relief should in the light of all the circumstances be precluded from such relief. Curtis v. Becker, 130 Idaho 378, 941 P.2d 350 (1997). While Thomas had a duty to report to the Medial Board, it is the prerogative of the Medial Board itself to censure such a failure. Thomas's failure to report the alleged misconduct to the Medical Center Board may be evidence of an intent to coerce the Medical Center to acquiesce to his demands, but the failure to meet his responsibilities to the Medical Board is not enough to preclude him from asserting his claim of discharge against public policy against the Medical Center.


Issues of material fact exist regarding whether Thomas is entitled to relief for discharge in violation of public policy. He has provided sufficient evidence on the disputed issues to survive summary judgment, and the district judge's order is therefore reversed and remanded on this claim.


IV. THE DISTRICT JUDGE ERRED IN DENYING THOMAS' MOTION TO AMEND HIS COMPLAINT TO ADD CLAIMS FOR INTENTIONAL AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS


Amendments to complaints in civil cases are governed by I.R.C.P. 15(a). After a responsive pleading has been filed, leave of the court or written consent of the adverse party is required. The Rule provides that "leave shall be freely given when justice so requires."


The denial of a plaintiff's motion to amend a complaint to add another cause of action is governed by an abuse of discretion standard of review. Raedlein v. Boise Cascade Corp., 129 Idaho 627, 631, 931 P.2d 621, 625 (1996). The test for determining whether the district court abused its discretion is: (1) whether the court correctly perceived that the issue was one of discretion; (2) whether the court acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and (3) whether it reached its decision by an exercise of reason. Highland Enter., Inc., v. Barker, 133 Idaho 330, 343, 986 P.2d 996, 1009 (1999) (citations omitted).


In Idaho Schools for Equal Opportunity v. Idaho Brd. of Educ., 128 Idaho 276, 284, 912 P.2d 644, 652 (1996), this Court found that the trial court abused its discretion in denying the plaintiff's motion to amend the complaint without articulating a reason for the denial. In that case, this Court wrote that under Rule 15(a):


f the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, [the plaintiff] ought to be afforded an opportunity to test his claim on the merits. In the absence of any apparent or declared reason -- such as undue delay, bad faith, or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of the allowance of the amendment, futility of the amendment, etc. -- the leave sought should, as the rules require, 'be freely given.' Of course, the grant or denial of an opportunity to amend is within the discretion of the istrict court, but outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion....


Id. (quoting Clark v. Olsen, 110 Idaho 323, 326, 715 P.2d 993, 996 (1986)).


The dual purposes of Rule 15(a) are to allow claims to be determined on the merits rather than technicalities and to make pleadings serve the limit

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