Sigitas J. Banaitis - Page 5




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          was against BCal for wrongful discharge from employment.  In both           
          claims, petitioner alleged that MBL and BCal acted maliciously              
          “with the intent to harm the plaintiff * * * [which was] socially           
          intolerable.”  Under this allegation, petitioner sought damages             
          of $3 million from MBL and $2 million from BCal.  Petitioner also           
          prayed for economic and noneconomic damages, as follows:  (1)               
          Economic damages of $647,389--$196,889 for lost salary and                  
          benefits and $450,500 for lost future compensation; and (2)                 
          noneconomic damages for “stress, anger, worry, and loss of life             
          enjoyment” in an amount to be determined by the jury after the              
          trial.                                                                      
               On March 18, 1991, the jury returned a special verdict                 
          against BCal and MBL.  The jury found that (1) petitioner did not           
          voluntarily resign his position at BCal, (2) MBL caused BCal to             
          constructively discharge petitioner, (3) BCal intended to make              
          working conditions so unacceptable that petitioner would resign,            
          (4) BCal forced petitioner to resign because petitioner refused             
          to disclose confidential information to MBL, and (5) petitioner’s           
          refusal was in furtherance of important public policy.  The jury            
          allocated fault 80 percent to MBL and 20 percent to BCal.                   
               The jury awarded petitioner the following damages:  (1)                
          $196,389 for his lost compensation to date, (2) $450,000 for his            
          lost future compensation, (3) $500,000 and $125,000 for emotional           
          distress from MBL and BCal, respectively.  Further, because they            






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