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Douchette v. Bethel School District No. 40311/14/1991
Alberta Douchette sued the Bethel School District, claiming she was wrongfully discharged, discriminated against by virtue of her age, and that her civil rights were violated. The trial court denied a motion for summary judgment brought by the School District. On appeal, the Washington State Court of Appeals reversed and dismissed the complaint. On this appeal, we are asked to decide whether equitable grounds exist which toll the applicable statutes of limitation. We find equitable grounds do not exist which justify a tolling of the statutes of limitation and affirm the Court of Appeals, with some modifications.
I
In 1979, the Bethel School District (District) hired Alberta Douchette, then 61 years of age, as Supervisor of Accounting Services. Douchette claims she received good evaluations from her supervisor. In 1982, this supervisor was replaced by another. Douchette alleges this second supervisor told her she was too old to work and should retire, and that if she did not resign, she would be fired. She further alleges he made her working conditions intolerable, so much so that she became ill and collapsed on the job in January 1983.
Following her collapse, Douchette did not return to work. On February 16, she submitted a letter of resignation to the school board. In her letter, Douchette stated her resignation was to be effective March 15. Although she intended to return to work in the interim, she was unable to do so. The school board accepted her resignation on February 22. Douchette claims she was not aware of the board's decision until sometime in April. She further alleges one of the board members informed her she should contact the Equal
Employment Opportunity Commission (EEOC). Douchette contacted the EEOC on June 30, 1983, and filed a claim on August 3, 1983.
Douchette filed the present action on March 17, 1986. She alleged the following causes of action: wrongful discharge; age discrimination in violation of both state law (RCW 49.60) and federal law (29 U.S.C. § 623); violation of her civil rights under 42 U.S.C. § 1983; and the tort of outrage.
The District filed a motion to dismiss and in the alternative for summary judgment. It argued all of the claims were subject to 2- to 3-year statutes of limitation, and since Douchette filed this action more than 3 years after termination of her employment, her claims were all time barred. The trial court reviewed all of the pleadings and affidavits and found there were material questions of fact as to the date on which the causes of action accrued. Therefore, the court denied the District's motion. The District moved for reconsideration, which motion was also denied.
The District sought discretionary review in the Court of Appeals. The court accepted review, reversed the trial court and dismissed the complaint. Douchette v. Bethel Sch. Dist. 403, 58 Wash. App. 824, 795 P.2d 162 (1990). We affirm the Court of Appeals, with some modifications.
II
[1, 2] This appeal arises upon a denial of a motion for summary judgment. Generally, denial of a summary judgment motion is not an appealable order under RAP 2.2(a), and discretionary review is not ordinarily granted. However, it may be granted where "the superior court has committed an obvious error which would render further proceedings useless; . . .". RAP 2.3(b)(1); Sea-Pac Co. v. United Food & Comm'l Workers Local Union 44, 103 Wash. 2d 800, 802, 699 P.2d 217 (1985). Review may also be granted to avoid a useless trial. Hartley v
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