would take about six months. After two months in the hospital, on July 9, Dr. Susan Assam, who followed Moysis while in the hospital, discharged him to live with his mother and to outpatient therapy. On the way home from the hospital, Moysis and his mother stopped by Datanet to thank the employees for their support. On July 11, Moysis wrote a letter to friends and relatives to update them on his condition. In a paragraph of the letter addressed to co-worker Patty Frantz, Moysis discussed a hug she had given him during his visit to Datanet, noting “those two things” and a “tushy touch.” Frantz did not raise a work-related complaint about the letter or even show or talk about it to Monson or English.
In August 1996, at the suggestion of his rehabilitation team, Moysis enrolled in a brain injury program in Colorado. As part of the program, Moysis participated in work therapy, where he was placed in computer-related assignments. In October 1996, Moysis was discharged to live independently, but to continue work therapy. He returned to South Dakota and continued in work therapy, working with computers under the supervision of his rehabilitation counselor, Mary Olson, and her husband. On December 2, Monson telephoned Moysis, asking when he could return to work. Moysis responded that he would know more the next day after he met with Olson and his doctor. At the meeting, Dr. Assam released Moysis to work at Datanet on a part-time basis, with a gradual increase to full-time. After the meeting, Olson and Moysis went to Datan-et to meet with Monson and English, who both expressed concerns about Moysis’ return to work. Olson told them if there were problems she was there to help. Monson and English asked Moysis to step out of the room and reiterated their concerns to Olson, asking whether Moysis would act appropriately and had the ability to communicate with others. At the conclusion of the meeting, Moysis and Olson asked English and Monson about when he could start and what activities he could perform.
On December 9, Monson called Moysis to tell him about a job with another company in Colorado. Moysis responded that he wanted to return to work at Datanet, asking when he could start. Monson told him to come in the next day. In anticipation of the meeting, Moysis made a list of projects he could do. At the December 10 meeting, instead of discussing a return to work, English told Moysis he was being terminated because of client and co-worker complaints. English further told Moysis he had planned on firing him the day of the accident, but did not do so in order to continue his benefits. As Moysis was leaving the office, English also stated “there was this letter thing, too,” apparently referring to the July 11 letter.
After the termination, Moysis became depressed, threatened suicide, and was hospitalized in a psychiatric unit on two occasions. By December 1997, he had improved and was working as a computer systems administrator, but was earning one-third less than he made at Datanet.
At trial, in addition to his testimony and that of his mother, doctor, and Olson, Moysis offered deposition testimony of Dr. Michael McGrath, a clinical psychologist. Dr. McGrath, who had evaluated Moysis in November 1998, testified that as a result of the accident Moysis had permanent cognitive impairments, which included difficulty with new situations, memory, and reasoning. McGrath explained that as of December 1996 the impairments would have adversely affected Moysis’ ability to work in unfamiliar surroundings because he “didn’t have responses stored away in his brain.” Dr. McGrath believed Moysis