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K MART CORP. v. PONSOCK

No. 16736.

732 P.2d 1364 (1987)

K MART CORPORATION, a Michigan Corporation, Appellant, v. George J. PONSOCK and Barbara Ponsock, Respondents.

Supreme Court of Nevada.

February 24, 1987.

Attorney(s) appearing for the Case

McDonald, Carano, Wilson, Bergin, Frankovich & Hicks, Reno, for appellant.

Woodburn, Wedge, Blakey & Jeppson, and Chris Wicker, Reno, for respondent.

Marquis & Haney, Las Vegas, for amicus curiae Nevada Trial Lawyers Ass'n.

OPINION

SPRINGER, Justice:

Ponsock was a tenured employee of K Mart. Evidence supports a jury finding that K Mart dismissed Ponsock in order to save having to pay him retirement benefits provided for in the employment contract. The question is whether such conduct is tortious. We find that it is and approve a jury award for compensatory and punitive damages for the tort of breach of the covenant of good faith and fair dealing.

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