Rinehart v. Bank Card Consultants, Inc. CA4/3
A jury awarded $498,873.53 in compensatory damages to plaintiff Dane Rinehart on his claim against his former employer for wrongful termination in violation of public policy. The jury also awarded plaintiff $1 million in punitive damages. On appeal, defendant Bank Card Consultants, Inc., argues that (1) the wrongful termination jury instruction and the special verdict form given to the jury were incomplete because they did not require a finding of “but for” causation; (2) the trial court improperly instructed the jury to disregard plaintiff’s independent contractor agreement; (3) emotional distress damages were unavailable or alternatively excessive; and (4) the punitive damages award was excessive. We agree with defendant on the final point and modify the punitive damage award. We affirm the judgment as modified provided plaintiff consents to the modification. If plaintiff does not consent, we reverse the punitive damage award and remand for retrial on the issue of punitive
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