PERLA D NAVARRO V HUTZEL HOSP
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STATE OF MICHIGAN
COURT OF APPEALS
PERLA D. NAVARRO,
UNPUBLISHED
February 24, 2004
Plaintiff-Appellant,
v
No. 242052
Wayne Circuit Court
LC No. 00-220302-NH
HUTZEL HOSPITAL and ROSALYN HALL,
Defendants-Appellees.
Before: Schuette, P.J., and Murphy and Bandstra, JJ.
SCHUETTE, J. (separate opinion).
I join in the conclusion and analysis of Judge Murphy which affirms the trial court’s
dismissal of plaintiff’s wrongful discharge and breach of contract claims. In addition, I join in
the decision to reverse the trial court’s dismissal of the claim for discrimination in failing to
timely provide charge nurse training.
Furthermore, I join with Judge Bandstra in affirming the trial court’s dismissal of
plaintiff’s retaliatory discharge claim.
With respect to plaintiff’s hostile work environment claim, I join in the opinion of Judge
Murphy which reverses the trial court’s dismissal of plaintiff’s cause of action. From my
perspective, the remark of defendant Hall, who wanted “very much to hurt” plaintiff provided
fertile ground to create an atmosphere of hostility in the work environment for plaintiff at the
hospital. Hall’s remark taken into consideration with the EEOC letter does, in my opinion,
provide sufficient issues of genuine material fact which meets the Quinto test for a prima facie
case of hostile work environment, Quinto v Cross & Peters Co, 451 Mich 358, 369; 547 NW2d
314 (1996), thereby precluding a judgment of summary disposition on this issue.
/s/ Bill Schuette
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