 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Mantha v. Liquid Carbonic Industries3/17/1992
al anguish. In Oklahoma, mental anguish damages may be recovered when employee is discharged for filing a workers' compensation claim. Malik v. Apex Intern Alloys, Inc., 762 F.2d 77 (10th Cir. 1985). Mantha's testimony that he was depressed and had been under the care of a psychiatrist was sufficient evidence of emotional harm to support an award of damages for mental anguish. Even though Mantha's statements were subjective, the jury is free to accept or reject such testimony as they see fit. C.f. Higginbotham v. Hartman, 465 P.2d 478 (Okl. 1970). The presumption on appeal favors the correctness of the verdict rendered. Id. In the instant case, proof of mental suffering as an element of damages was sufficient to meet the requirement of "reasonableness" in 85 O.S. 1981 ยง 6 . We must presume the jury accepted as true the evidence which supports the verdict. Video Independent Theatres, Inc. v. Cooper, 421 P.2d 833 (Okl. 1967).
We find the evidence is sufficient to support the jury's verdict awarding actual and punitive damages to Mantha. The damages assessed were reasonable and were not the product of conjecture or speculation. Mantha not only made a prima facie case for retaliatory discharge but proved his case with circumstantial evidence.
AFFIRMED.
HANSEN, V.C.J., and HUNTER, J., concur.
Page 1 2 3 4 5 Oklahoma Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|