Peterson v. Glory House of Sioux Falls

SABERS, Justice

(dissenting).

Genuine issues of material fact exist as to whether Peterson was fired in retaliation for his reporting certain matters about his superior to the Glory House board members. Groseth International, Inc. v. Tenneco, Inc., 410 N.W.2d 159 (S.D.1987); Wilson v. Great Northern Railway Co., 83 S.D. 207, 157 N.W.2d 19 (1968). I would reverse and remand for a jury trial because Glory House breached its obligation to Peterson of good faith and fair dealing. See my prior writings in Butterfield v. Citibank of South Dakota, 437 N.W.2d 857, 860 (S.D.1989); Breen v. Dakota Gear & Joint Co., Inc., 433 N.W.2d 221, 224 (S.D.1988); Johnson v. Kreiser’s, Inc., 433 N.W.2d 225, 228 (S.D.1988); French v. Dell Rapids Community Hospital, 432 N.W.2d 285, 292 (S.D.1988); Larson v. Kreiser’s, Inc., 427 N.W.2d 833, 835 (S.D.1988); Blote v. First Fed. Sav. & Loan Ass’n of Rapid City, 422 N.W.2d 834, 838 (S.D.1988).