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Cripe9/28/2005
in a safe mechanical condition, and (3) dangerous to the driver of the vehicle, an occupant of the vehicle, and persons upon the highway. Clark was first assigned to drive a Chevrolet van that had severely worn brakes and tires, lacked any operating turn signals or hazard lights, and was missing one brake light and an interior center rear view mirror. Clark was then required to drive a Ford F-350 diesel dual-wheeled truck, which Clark alleges had defective brakes. Attached to the truck was a trailer that had a flat tire, no brake lights or turn signals, and an improper license plate. Because of the truck's defective brakes, Clark was unable to stop at an intersection of two highways. Clark was also assigned to drive a 1996 Chevrolet utility van that had problems with sudden loss of power while being driven. This vehicle eventually lost power and stalled in the middle of a busy intersection, nearly resulting in a collision, while Clark was driving it. By ordering Clark to drive each of these three vehicles, Clark believed Cripe was requiring him to drive a vehicle which could subject him to a class C infraction. Clark eventually approached Dennis Cripe and told him that he refused to drive anymore unsafe vehicles and asked Dennis to provide him with a safe vehicle. Dennis refused to provide Clark with a safe vehicle, which meant that Clark, if he continued to work for Cripe, would have to continue to violate Indiana Code section 9-21-7-1 by driving unsafe vehicles. Clark alleges that this forced him to resign from his position. Had Cripe fired Clark, he would have been entitled to bring a claim for retaliatory discharge because he would have been terminated for refusing to commit an illegal act for which he would have been personally liable, which is an exception to the employment-at-will doctrine.
Clark has also sufficiently alleged that he was constructively discharged. Clark's complaint alleges that during the course of his employment he was required to drive three unsafe vehicles, and that driving these vehicles could have subjected him to criminal liability. Clark informed Dennis Cripe that he refused to continue to drive unsafe vehicles, but Dennis refused to provide Clark with a safe vehicle. Dennis' refusal to provide Clark with a safe vehicle, forced Clark to resign.
However, the majority concludes that even if Indiana recognized the doctrine of constructive discharge, "the averments in Clark's complaint are insufficient to allege that Cripe purposefully created a working condition so intolerable that Clark had no choice but to resign." Slip op. at 10 (emphasis in original). Initially, I would point out that Indiana is a notice pleading state. See Ind. Trial Rule 8(A). Notice pleading "'merely requires pleading the operative facts so as to place the defendant on notice as to the evidence to be presented at trial.'" Noblesville Redevelopment Comm'n v. Noblesville Assocs. Ltd. P'ship, 674 N.E.2d 558, 563 (Ind. 1996) (quoting Palacios v. Kline, 566 N.E.2d 573, 576 (Ind. Ct. App. 1991)). '"A complaint's allegations are sufficient if they put a reasonable person on notice as to why plaintiff sues.'" Id. at 564 (quoting Capitol Neon Signs, Inc. v. Indiana Nat'l Bank, 501 N.E.2d 1082, 1085 (Ind. Ct. App. 1986)). Here, Clark's complaint is sufficient to survive Cripe's motion to dismiss because it puts Cripe on notice regarding Clark's claim that he was constructively discharged.
Additionally, I believe the majority's consideration of whether Clark has shown that he was subjected to intolerable working conditions is an inappropriate inquiry at this stage of the proceedings. "A trial rule 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted tests the
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