Smith v. Smithway Motor Xpress, Inc.

ANDREASEN, Justice.

This case involves the discharge of an employee in retaliation for filing a workers’ compensation claim. The jury found for the employee, and awarded $33,000 compensatory and $100,000 punitive damages. This appeal and cross-appeal followed.

In June of 1985 John W. Smith (Smith) began work as a truck driver for Smithway Motor Xpress, Inc. (SMX). Smith participated in SMX’s orientation program and signed for a copy of the SMX safety program. Under that program, drivers were required to report any accident as soon as possible, within two hours if physically able.

On October 3,…