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Wade v. Kessler Institute

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: May 31, 2001

In this wrongful discharge case, a jury found defendant Kessler Institute breached an implied covenant of good faith and fair dealing and awarded plaintiff Sheila Wade $65,000 in damages. On appeal, defendant contends the trial court erred by: (1) failing to instruct the jury that a finding of bad faith was required for the breach of an implied covenant of good faith and fair dealing claim; (2) failing to require the jury to find that a grievance proceeding would have resulted in plaintiff’s reinstatement; (3) denying defendant’s motion for judgment notwithstanding the verdict; and (4) allowing plaintiff to recover damages of lost wages in contravention of the exclusive remedy of the Workers’ Compensation Act. We reverse and remand for a new trial.

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