Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

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Because this is so, judges should exercise considerable restraint "lest they mistake their own predilections for public policy which deserves recognition at law." Gantt v. Sentry Insurance, 1 Cal.4th 1083, 4 Cal. Rptr.2d 874, 881, 824 P.2d 680, 687 (1992) (citation omitted). But Wood's Rule itself came into being because it reflected the "predilections" of Mr. Wood (and of the judges who adopted his doctrine) in favor of a laissez-faire form of capitalism in which the worker's livelihood depended on the caprice *182 of his or her employer. This court has the authority, under familiar common law principles, to alleviate the rigors of a doctrine based on the social and economic views enforced by judges of another time. We should exercise that authority wisely, but we are not bound to stay our hand simply because no statute or regulation has created the proposed exception at issue. Where such a proposed exception would promote or advance values protected by a statute or, as in this case, by the Constitution, see Part IV, infra, we should not hesitate to adopt it. IV.

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