Food Fair,
Inc. v. Anderson,
382 So. 2d
150 (Fla 5th DCA 1980).
A discharged
employee sued her employer for fraud and intentional infliction of
emotional distress. The Brevard County Circuit Court entered judgment
against the employer for both compensatory and punitive damages.
Ms.
Lippincott represented the employer on appeal. The appellate court held
that: 1) the conduct of the employer’s security supervisor did not reach
the level of outrageousness required for the tort of intentional
infliction of emotional distress; 2) the jury could legally find for the
employee on the issue of fraud; 3) the employee’s testimony regarding
her alleged loss of earnings between her discharge and time of trial was
inadmissible due to the absence of any showing that there was a
probability she would have retained this job; and 4) the admission of a
taped meeting was inadmissible because it contained hearsay regarding
polygraph results. The appellate court reversed the judgment against the
employer and remanded for a new trial.
