Clark v. Beverly Enterprises-Missouri, Inc.

LOWENSTEIN, Judge.

This appeal involves a case of first impression before a Missouri court and involves the question: does § 198.070 RSMo (Cum.Supp. 1993) create a public policy exception for the tort of wrongful discharge for an at-will employee of a nursing home who reports allegations of patient abuse, and must the plaintiff-employee prove damages as an element of the case, and where no actual damages are suffered, may the general damage instruction given to the jury include an award of nominal damages? § 198.070, requires in pertinent part:

1. when any employee in a facility has reasonable…