OF JUDGMENT: 10/19/2015
COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III JUDGE
ATTORNEY FOR APPELLANT: HIAWATHA NORTHINGTON II
ATTORNEYS FOR APPELLEES: SCOTT W. PEDIGO NAKIMULI ONI
IRVING, P.J., FAIR AND WILSON, JJ.
Contenna Walker appeals the judgment of the Madison County
Circuit Court, dismissing her complaint against DaVita Health
Care Partners, Inc., DaVita Kidney Care, and Patricia
Thompkins (Appellees), arguing that the court erred in
granting the Appellees' Mississippi Rule of Civil
Procedure 12(b)(6) motion to dismiss.
Finding no error, we affirm.
In 2009, Walker began working for DaVita Health Care as a
registered nurse. She alleges that in August 2012, Patricia
Thompkins, her supervisor, asked her to refute allegations
that Thompkins had improperly disseminated personal
information about other DaVita Health Care employees. Walker
claims that she refused to do so and was bullied, humiliated,
and threatened by Thompkins over the next couple of months.
In addition, she alleges that she was subjected to verbal and
written criticism by Thompkins for her exposure of
Thompkins's "improper work behavior." On or
about October 12, 2012, Walker received notice from Thompkins
that Walker was being terminated.
On January 7, 2015, Walker filed a complaint in the Hinds
County Circuit Court alleging negligent and/or intentional
infliction of emotional distress. On March 31, 2015, she
amended her complaint to include the ground of wrongful
termination. On July 31, 2015, the court granted DaVita
Health's motion to transfer venue to Madison County.
Davita Health then filed a motion to dismiss Walker's
complaint pursuant to Rule 12(b)(6). The court found that all
of Walker's claims failed as a matter of law and granted
DaVita Health's motion to dismiss. This appeal
"A motion under Rule 12(b)(6) tests the legal
sufficiency of the complaint. In order to grant this motion[,
] there must appear to a certainty that the plaintiff is
entitled to no relief under any set of facts that could be
prove[n] in support of the claim." Fortenberry v.
City of Hattiesburg, 758 So.2d 1023, 1026
(¶12) (Miss. Ct. App. 2000). "A Rule 12(b)(6)
motion to dismiss must be decided on the face of the
pleadings alone." Williams v. Mueller Copper
Tube Co., 149 So.3d 527, 529 (¶3) (Miss. Ct.
Walker argues that her complaint should not have been
dismissed because she sufficiently pled her
wrongful-termination claim, citing the public-policy
exception to the employment-at-will doctrine set out by the
Mississippi Supreme Court in McArn v. AlliedBruce-Terminix Co., 626 So.2d 603, 607 (Miss. 1993).
Generally, "[i]n Mississippi-when there is no written
employment contract-the employment relationship is at-will,
which means that an employee may be discharged at the
employer's will for good reason, bad reason, or no reason
at all, excepting only reasons independently declared legally
impermissible." Galle v. Isle of Capri Casinos,
Inc., 180 ...