This section contains the nature of the case and procedural background.

Denny's (D) hired Gaglidari (P) to work as a bartender. P received a copy of the employee handbook and signed a paper agreeing to abide by the rules in it. P also subsequently received a handbook for alcoholic beverages which she agreed to obey. Both of these manuals called for immediate dismissal of any employee for fighting on the premises. While off duty, P was involved in a fight at D's bar when a customer hit P in the face. P was discharged for fighting after an investigation by the local manager. P sued D for wrongful discharge. D moved for a directed verdict on emotional distress damages on the tort claim of outrage; it was granted. The jury gave the verdict to P for $55,000 in economic, and $75,000 in noneconomic damages. The court awarded $8,000 in attorney fees according to the statute. Both parties appealed.

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