Boehm v. Am. Broad. Co. - 929 F.2d 482 (9th Cir. 1991)

Rule:

The jury's finding as to the amount of damages must be upheld unless found to be grossly excessive, clearly not supported by the evidence, or based only on speculation or guesswork.

Facts:

Appellee Frank Boehm was terminated by appellant American Broadcast Companies, Inc. after 14 years. Appellee instituted a contract and tort action for wrongful termination in which a jury found in his favor on claims of breach of the implied employment contract, breach of the covenant of good faith and fair dealing, and negligent infliction of emotional distress. The jury found in favor of appellant on the claim of intentional infliction of emotional distress. The jury awarded $1.34 million in lost compensation damages and $150,000 for negligent infliction of emotional distress. The district court granted appellant a judgment notwithstanding the verdict with respect to the award of damages for emotional distress and denied the JNOV on the other claims. The present appeal followed.

Issue:

Was the appellant employer entitled to a JNOV with respect to the award of damages for lost compensation damages? 

Answer:

No.

Conclusion:

The court affirmed the judgment of the district court finding that appellant employer had failed to raise an argument sufficient to overcome the considerable deference given to jury verdicts. Although the duty to mitigate damages recognized by California law was of great importance, the burden of appellant to establish the substantial equivalence of a subsequently offered position was pivotal.