Thomka

This is a consolidated appeal in two separate cases joined for trial.

Case I

Albert E. Thomka filed a multicount civil action against defendants/ appellants New West Federal Savings and Loan Association. Thomka named eight individual corporate officer employees as defendants.

At close of plaintiffs evidentiary case the trial court nonsuited all but one of Ihomka’s causes of action against New West and nonsuited all of Thomka’s claims against the individual defendants. The only cause of action remaining was for breach of employment contract against New West. After defense presentation of their case and appropriate instruction, the jury returned a verdict against New West in Thomka’s favor in the sum of $963,000.

New West filed posttrial motions, seeking judgment notwithstanding the verdict (JNOV) or a new trial. The trial court denied the motion for JNOV but granted the motion for new trial conditioned upon Thomka’s acceptance of the reduction of the verdict to $130,667. Thomka consented to the remittitur and judgment was entered for $130,667. The corporate defendants appeal this judgment. Thomka filed his cross-appeal to reinstate the original judgment of $963,000.…