Carmen P. ORTIZ, Plaintiff-Appellee, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant-Appellant

The Bank of America appeals a judgment upon a jury verdict in favor of Ortiz on a claim of breach of the implied covenant of good faith and fair dealing. The Bank contends the verdict is erroneous as a matter of law both because Ortiz refused an offer of reinstatement and thus failed to mitigate her damages and because her recovery of Workers’ Compensation benefits for emotional injuries arising from the Bank’s actions bars her claim for breach of covenant. The Bank also argues that the district court erred in refusing to grant a new trial and in -refusing to permit it to discuss the details of Ortiz’s complaint in closing argument. We affirm.

BACKGROUND

Ortiz worked in clerical jobs for the Bank in various locations during the years from 1961 until her termination on April 20, 1979. When the Bank terminated her employment, Ortiz filed three workers’ compensation claims for psychic injuries producing a continuing disability. In December 1980 Ortiz and the Bank entered into a settlement of the three workers’ compensation claims. The Compromise and Release indicated Ortiz’s psychic injury arose from her employment. The Bank paid Ortiz $12,500 and Ortiz agreed to “release and…