Guard Who Left Truck To Save Life Wins Ruling

OLYMPIA - An armored-car company violated a basic public policy when it fired a driver who left his truck to save a human life, the state Supreme Court said today.

The decision came in the case of Kevin M. Gardner, a driver for Loomis Armored Inc., who was fired in 1994 after he left his truck to help a woman being chased by a man with a knife at a Spokane bank.

Gardner has filed a federal court suit against Loomis arguing he was wrongfully fired. Before proceeding, U.S. District Judge Justin Quakenbush of Spokane asked the state court to rule whether it is a violation of state policy for a company to fire an employee for violating a company rule "to go to the assistance of a citizen held hostage at the scene of a crime, and who was in danger of serious physical injury or death."

The federal judge wanted the question answered before proceeding with Gardner's suit.

"Society places the highest priority on the protection of human life. This fundamental public policy is clearly evidenced in countless statutes and judicial decisions," the court said in an 8-1 decision.

Chief Justice Barbara Madsen dissented, saying a work rule requiring an armored-car driver to remain in his truck is vital to protecting the driver from a robbery disguised as an emergency. Loomis attorney Patrick Folan noted last year that there were numerous examples of criminals luring guards from armored vehicles by faking assaults and screaming for help.

But the court sided with Paul Burns, Gardner's attorney, who argued that saving a life is a basic societal value that transcends law.