Supreme Court of New Hampshire
Michael Porter v. City of Manchester & a.
May 14, 2004151 N.H. 30
Summary
The court held that wrongful termination in violation of public policy is a tort, requiring application of respondeat superior to determine the City's vicarious liability for its employee's conduct. It therefore reversed the verdict against the City and remanded for a new trial, while affirming the verdict against Lafond, including the rejection of qualified immunity and the damages rulings. The court also upheld the constructive-discharge, emotional-distress, and lost-future-earnings claims and found no preserved error concerning State constitutional damages or the admission of expert testimony.