Herrick

Quality Hotels, Inns and Resorts, Inc. (Quality) appeals from judgment entered in favor of Drew Herrick on his complaint for intentional infliction of emotional injury. Quality contends the emotional distress inflicted on Herrick was remediable solely within the workers’ compensation system, that there was no substantial evidence of ratification of the alleged tortious act by responsible corporate management, that the awards of general, special and punitive damages were not supported by the evidence, that the court erred in admitting evidence of the arrest of Herrick’s attacker and that Herrick’s counsel’s misconduct was prejudicial.

Herrick appeals from judgment entered contending the jury’s punitive damage award of $150,000 was appropriate and the court erred in reducing it to $75,000.

Statement of Facts and Procedural History

On January 5, 1990, Herrick began working as a security guard for Quality. Steve Wilson, his supervisor and the director of security, told Herrick he was to patrol the grounds and the garage and help guests with questions regarding safety. Additionally, Herrick was to watch for transients, make sure cars were secure, handle noise and other…