YOCKEY v. STATE

No. 94-1401.

540 N.W.2d 418 (1995)

Diane YOCKEY, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

November 22, 1995.


Attorney(s) appearing for the Case

Bruce H. Stoltze of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Kerry Anderson, Assistant Attorney General, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and SNELL, JJ.


HARRIS, Justice.

A former employee's suit claims she was wrongfully discharged in retaliation for having filed a workers' compensation claim. The evidence adduced at trial did not support any assertion that she was discharged for that reason. The evidence disclosed the discharge was prompted by another reason: frequent absences, some of which—according to the evidence—were attributable to work-related injuries. Based on the theory pled, we need not and...

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