Wash. Court of Appeals published opinion — 341038_pub.pdf

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We affirm the trial court's summary judgment order dismissing David Martin's

claim of wrongful discharge in violation of public policy. Undisputed facts establish that

Gonzaga University possessed an overriding justification to terminate Martin's

employment. We vacate and remand for further proceedings the summary judgment order

dismissing Martin's claim that Gonzaga University failed to produce all of his personnel

file on his request.

~ s_
Fearing, C .J. d' '

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No. 34103-8-111

PENNELL, J. (concurring) - I agree there are material issues of fact regarding

David Martin's personnel file claims. I also agree Gonzaga University is entitled to

summary judgment on Mr. Martin's wrongful termination claim. However, I disagree as

to the basis. I find summary judgment appropriate because Mr. Martin has not alleged

sufficient facts on causation.

Mr. Martin argues he was fired for voicing safety complaints about the need for

padding on the gymnasium walls. Specifically, he claims he was punished for raising the

issue with Gonzaga's Senior Associate Athletics Director Chris Standiford and President

Thayne McCulloh. The record does not support this claim.

Mr. Martin is unable to point to any evidence demonstrating he contacted

Mr. Standiford or Dr. McCulloh about gymnasium padding. Instead, Mr. Martin's e-mail

communications focused on his proposal for a swimming pool. In his initial e-mail to

Mr. Standiford, Mr. Martin said the "ultimate goal" of the proposal he wished to push

with the administration was to "keep a pool on campus for the students." Clerk's Papers

at 115. He mentioned nothing about gymnasium padding or student safety. Although