Lord v. Hy-Vee Food Stores
South Dakota Supreme Court
1Opinion of the Court
LOVRIEN, Circuit Judge.
[¶ 1.] John Robert Lord (Lord) brought suit against his former employer, Hy-Vee, Inc. d/b/a Hy-Vee Food and Drug # 3 (Hy-Vee), claiming wrongful termination and intentional infliction of emotional distress. A Minnehaha County jury found for Lord on the wrongful termination claim and awarded damages in the amount of $19,576. 1 Hy-Vee appeals claiming the trial court did not properly instruct the jury on the shifting burdens of proof inherent in Hy-Vee’s affirmative defense that Lord was discharged for lawful reasons. Hy-Vee also claims that the jury did not have…
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