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Fogleman v. Peruvian Associates
Arizona Court of Appeals
622 P.2d 63 (1980)
Peruvian Associates (Associates) (defendant) hired James Fogleman (plaintiff) to work at a copper mine in Peru. Fogleman’s contract was for a two-year term. However, Associates fired Fogleman six months after he and his wife Dawn (plaintiff) moved to Peru. The Foglemans sued Associates for breach of the employment contract. The trial court awarded the Foglemans damages that included interest accruing from the date of the trial court’s award. The trial court specifically found that Associates had unlawfully fired Fogleman without cause. The court also found that the Foglemans had suffered emotional distress and embarrassment, but the court did not award damages for these harms. The court further found that the firing was wanton and reckless conduct by Associates. The Foglemans appealed, arguing that they should have received damages for the injury to their reputations that Associates’ breach of contract caused. The Foglemans also argued that they were entitled to punitive damages, and that the interest should have accrued from the time of Associates’ breach.
Rule of Law
Holding and Reasoning (Hathaway, C.J.)
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