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He also conducts forensic evaluations and has provided psychiatric treatment to inmates within the South Carolina Department of Corrections.
Lewis is involved in organizational psychiatry. He is a South Carolina American Psychiatric Association Assembly representative and a national membership committee member. Lewis has also served as President of the South Carolina Psychiatric Association, the only state-wide association for psychiatric physicians in South Carolina, representing over members. Schedule Now - MyChart. Specialties: Addiction Psychiatry, Forensic Psychiatry.
NPI My Offices. Primary Office. Charleston , SC Get Directions. Indeed, ICNA does not even challenge this position. Nor does ICNA attempt to provide an alternative explanation of the memoranda. ICNA merely asserts that it had good cause to terminate the Appellant's employment--namely, considerations of economy. The Appellant, however, has adduced his declaration and the memoranda as direct evidence to contradict this assertion.
Since this evidence must be taken as true, T. Electrical at , the Appellant's breach of contract claim is not vulnerable to summary disposition. Section , Subdivision 1 of the California Civil Code provides that: "An agreement that by its terms is not to be performed within a year from the making thereof" is "invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent.
ICNA adduces Newfield v. Insurance Company of the West, Cal. In Newfield, the court considered an oral employment contract and reasoned that since the plaintiff charged that he did not receive permanent employment the contract was to be performed for a period longer than a year and hence was barred by the statute of frauds. In response to ICNA's statute of frauds defense, the Appellant argues that Newfield is inapposite because his contract was not for permanent employment, but rather was to extend for an indefinite period subject to termination for good cause.
Since he could have been terminated within one year, although he hoped and expected he would not be, the statute of frauds does not bar his claim. The Appellant directs the Court's attention to Gray v. Superior Court Cipher Data , Cal. Considering a breach of an oral employment agreement and a statute of frauds defense, the Gray court held that since the contract could have theoretically been performed within a year, the statute of frauds defense would not prevail.
In reaching this conclusion, the court noted that the rule of Newfield was pending review before the California Supreme Court. See White Lighting Co. Wolfson, 68 Cal. In White Lighting, the court stated that " [t]he cases hold that section , subdivision 1, applies only to those contracts which, by their very terms, cannot possibly be performed within one year. We find that the rule of Newfield is not representative of California law and accordingly hold that if an oral agreement is capable of being performed within a year, it is not within the confines of the statute of frauds.
ICNA argues that the Appellant's claims for breach of the covenant of good faith and fair dealing and intentional infliction of emotional distress are barred by Section 3 of the California Code of Civil Procedure. In dicta, the Newfield court stated that Section 3 's one year limitation period governed any tort action.
Newfield, supra at Indasco, Inc. Section 3 does govern the tort of intentional infliction of emotional distress. See Milla v. Tamayo, Cal. However, in contrast to Newfield and Miller, other California courts have applied the two year period of Section 1 of the California Code of Civil Procedure to claims analogous to breach of the covenant of good faith and fair dealing. Since California law is unclear as to which limitations period governs breach of the covenant of good faith and fair dealing claims, this Court must attempt to ascertain which rule the California Supreme Court is most likely to embrace.
Daniels v. Fesco Division of Cities Service Co. In considering the date of accrual of a wrongful discharge claim, the Daniels court stated that it "believe [d] the [California] court, based on its traditional reliance on federal employment law, would apply a two-year statute of limitations to a wrongful discharge action. Moreover, based on a very thorough analysis of the underlying purposes of the two statutes, persuasive California authority supports the Daniels decision.
Section 3 was enacted to provide a one-year statute for ordinary "intentional or negligent wrongs which result to injuries to the person or reputation. Witkin, California Procedure Actions , section Section 1 's scope, however, is more expansive. It was enacted as "a catch-all for unusual tort actions not otherwise provided for. Breach of the covenant of good faith and fair dealing has been characterized as a judicially created "hybrid" which sounds in tort or contract depending upon the facts of the case.
Frazier v. Metropolitan Life Insurance Co. Hence, it is certainly an "unusual" tort action. Accordingly, we believe that the California courts would apply Section 1 's two year period to a breach of the covenant of good faith and fair dealing claim.
The Appellant filed his claim on August 13, He was notified that he was to be discharged on May 25, An "employer's liability for wrongful discharge commences upon notice of the employee's termination even though the employee continues to serve the employer after receipt of such notice. Thus, applying the two year limitation period, the Appellant's breach of the covenant of good faith and fair dealing claim was timely filed. The Appellant's claim for intentional infliction of emotional distress, as a matter of law, is also not time barred.
The Appellant claims that his wrongful discharge constituted an intentional infliction of emotional distress. He was notified that he would be discharged on May 25, At that time, he was also advised that ICNA would make attempts to relocate him in another position within the company between May 25, and July 20, , and that he would be formally terminated on August 18, A cause of action for the intentional infliction of emotional harm arises when the harm is inflicted.
See Murphy v. Allstate Insurance Co. Such harm must be "severe. The Appellant conceivably could have experienced the severe harm when he was notified of his impending termination, when the deadline for relocating him within the company expired or when he was actually terminated. The question of when a continuing harm grew severe enough to constitute intentional infliction of emotional distress is one of fact.
In this case the alleged harm could have become acutely severe on August 18, , less than one year before the Appellant filed his complaint. Thus, we are unable to conclude that as a matter of law the Appellant's claim for intentional infliction of emotional distress is time barred Honorable Carl A. The Appellant specifically articulated the termination in contravention to public policy argument for the first time in his Response to ICNA's Motion for Summary Judgment.
This argument was not mentioned in the complaint or the pretrial order. Therefore, ICNA now contends that this argument actually constitutes a separate cause of action outside the scope of this proceeding, and that the Appellant should have to move to amend his complaint if he wishes to pursue it. ICNA's contention is without merit. The district court explicitly based its ruling on the substance of the termination in violation of public policy argument.
Consequently, a motion to amend is unnecessary. Moreover, termination in violation of public policy claims are a species of breach of the covenant of good faith and fair dealing. Crossen v. Foremost-Mckesson, Inc. The Appellant clearly pleaded this claim. Thus, there is no "separate cause of action" and no need to amend the complaint. Specifically, the Appellant argues that he was terminated in retaliation for his complaints concerning ICNA's claim to claim employee ratio.
He contends that while California Department of Insurance guidelines set a maximum caseload of claims, ICNA employees were required to manage as many as cases. The memoranda do not specifically address the Appellant's unwillingness to violate the guidelines. However, since for obvious reasons such concerns aren't ordinarily explicitly articulated, a reasonable jury could conclude that such unwillingness was the subject of the complaint.
For good discussion of termination in violation of public policy claims, see Hentzel v. Singer Co. In Santa Monica Hospital v. Superior Court, Cal. The California Supreme Court granted review on January 16, As of March 26, , the court had not considered the appeal or even scheduled oral argument. See also, Plumlee v. Poag, Cal. The words of subdivision one have been interpreted literally and narrowly by our courts. Only those contracts which expressly preclude performance within one year are unenforceable.
Emphasis in original. Mercy Hospital, Cal. This proposition is not embraced by the majority of California courts.
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CIGNA INVESTMENTS, INC. is a business legal entity registered in compliance with the national legislation of the State of Connecticut under the legal form of Stock. Company is located in the register under the national Company number Cigna Medicare plans contract with major retail pharmacy chains, grocery store chains, independent pharmacies, and with Express Scripts Pharmacy for home delivery. Using these options in our pharmacy network for your prescription drug needs can help save time and money. Preferred Network Retail Pharmacies. Nov 23, · Vice President & Chief Counsel at Cigna. Edward Potanka is a Vice President & Chief Counsel at Cigna based in Bloomfield, Connecticut. Edward received a Bachelor of Arts degree from Amher st College and a Doctor of Law from Cornell Law School. Read More. Contact. Edward Potanka's Phone Number and Email. Last Update.