Holland v. Schwan’s Home Service, Inc.

Illinois Appellate Court
Civil Court
Retaliatory Discharge
Citation
Case Number: 
2013 IL App (5th) 110560
Decision Date: 
Thursday, May 30, 2013
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Affirmed.
Justice: 
STEWART
Plaintiff alleged that his former employer terminated him in retaliation for exercising his rights under Illinois Workers' Compensation Act; jury verdict for total $4,260,400, including $3.6 million in punitive damages and $400,000 for emotional damages. Court properly submitted punitive damages claim to jury, as evidence was sufficient to find that employer acted willfully and wantonly in engaging in pattern of conduct to punish Plaintiff for filing workers' compensation claim, ending with termination. Damages awards were not excessive, given evidence of employer's subversive conduct, working Plaintiff beyond his medical restrictions, and Plaintiff's emotional and financial damages. (GOLDENHERSH, concurring; SPOMER, dissenting.)