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Iddings v. Mee-Lee6/20/1996
OPINION OF THE COURT BY MOON, C.J.
In this case, dealing with the scope and requirements of the statutory "wilful and wanton misconduct" exception to the co-employee immunity provisions of Hawai'i's workers' compensation scheme, Hawai'i Revised Statutes (HRS) chapter 386, plaintiff-appellant Barbara Iddings appeals from the First Circuit Court's grant of summary judgment in favor of defendant-appellee Dennis Mee-Lee, M.D. Iddings, a nurse in the Intensive Care Module of Castle Medical Center's (CMC) Human Services Unit, suffered injuries while she assisted other CMC staff members in subduing a violent patient. Iddings asserted that Dr. Mee-Lee, who was in charge of the Human Services Unit, engaged in "wilful and wanton misconduct" by allegedly allowing the Intensive Care Module to become overcrowded with patients and furniture, despite being aware of a risk of injury stemming from the alleged overcrowding.
On appeal, Iddings contends that the circuit court erred in granting Dr. Mee-Lee's motion for summary judgment because: (1) Dr. Mee-Lee could not be found to have engaged in "wilful and wanton misconduct" insofar as Iddings did not allege that Dr. Mee-Lee acted with an intent to injure Iddings; and (2) Hawai'i's workers' compensation scheme provided the exclusive remedy for her injuries.
We hold that the circuit court erred in granting Dr. Mee-Lee's motion for summary judgment because an actual intent to injure is not required in order for the injury -causing conduct of a co-employee to fall within the scope of the "wilful and wanton misconduct" exception of HRS ยง 386-8 (1993). We therefore vacate the circuit court's order granting Dr. Mee-Lee's motion for summary judgment and remand this case for further proceedings.
I. BACKGROUND
At the time of Iddings's injuries, both Iddings and Dr. Mee-Lee were employed by the CMC. Dr. Mee-Lee was the Director of Psychiatry at the CMC and was in charge of the Human Services Unit. Iddings worked in the Human Services Unit as a psychiatric nurse. While on duty on October 12, 1991, Iddings assisted several CMC staff members in subduing a violent patient in the Human Services Unit. During the fracas, Iddings was thrown to the floor, became wedged between pieces of furniture, and suffered injuries to her head, neck, back, and knee.
After the incident, complaining of headaches, Iddings was hospitalized from November 1 to 5, 1991, and later received physical therapy for her neck, back, and knee injuries. Iddings applied for, and received, workers' compensation benefits for medical care and wage loss associated with her injuries.
On August 12, 1992, Iddings, who now resides in Virginia, filed a complaint in the First Circuit Court against Dr. Mee-Lee, alleging, inter alia, that: (1) Dr. Mee-Lee was an independent contractor; and (2) Dr. Mee-Lee, by allowing the CMC's Human Services Unit to become overcrowded with patients, acted both negligently and wilfully and wantonly in creating an unsafe work environment that caused the Intensive Care Module to become cluttered with furniture in order to accommodate the patients. The pertinent portions of the complaint specifically alleged that:
4. Upon information and belief, Defendant MEE-LEE is and was at all times material herein the Director of Psychiatry at Castle Medical Center. Upon further information and belief, Defendant MEE-LEE provided said services to Castle Medical Center as an independent contractor.
8. On or about October 12, 1991, Plaintiff IDDINGS was on duty as a psychiatric nurse within the Human Services Unit. At the above-described time and place, it was necess
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