City of La Porte v. Prince

851 S.W.2d 876, 1993 WL 56256
CourtCourt of Appeals of Texas
DecidedMarch 3, 1993
Docket10-92-076-CV
StatusPublished
Cited by15 cases

This text of 851 S.W.2d 876 (City of La Porte v. Prince) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of La Porte v. Prince, 851 S.W.2d 876, 1993 WL 56256 (Tex. Ct. App. 1993).

Opinions

OPINION

THOMAS, Chief Justice.

The jury found that the City of La Porte fired Allen Prince, one of its employees, because he filed a claim for workers’ compensation. The City appeals a judgment in Prince’s favor for $100,000 in actual damages and $1,000,000 in exemplary damages. It argues that the court erred by not granting it a directed verdict based on the defense of governmental immunity, by awarding exemplary damages, and by submitting a question to the jury when there was no evidence or insufficient evidence to support its submission. The City also contends that the court erroneously excluded the testimony of two witnesses and wrongfully awarded prejudgment interest. We affirm.

Allen Prince was employed by the City of La Porte as a sewer lift-station operator. On June 10,1983, he was injured on the job and reported his injury to his foreman. He then went to the doctor who diagnosed the injury as a hernia. Prince had hernia-repair surgery on June 23. His doctor told him that he should expect to be off work for six to eight weeks after surgery. Prince told his foreman and the City’s personnel coordinator the length of time he expected to be off work. He filed a claim for workers’ compensation benefits, but it was denied by the insurance carrier. He then filed a claim with the Industrial Accident Board.

On July 27 Prince told his foreman that he should be released to return to work in two or three weeks. The foreman told him to go see Luther Maxey, the department superintendent. Maxey fired Prince. Ten days later Prince was released by his physician to return to work.

The City claims to have a personnel policy that incapacity will result in a nondisciplinary termination of employment if the employee is incapable of returning to work within thirty days following the use of sick-leave benefits. The City argues that Prince’s termination is justified under this policy because he was absent from work for more than thirty days and would not be able to work for at least another week following his termination. It introduced into evidence the termination document relating to Prince that states he was terminated for two reasons: incapacity and misconduct towards other employees. Prince argued, however, that he was fired because he filed a workers’ compensation claim against the City, and that City employees were afraid to file such claims because many who did were fired from their jobs.

The jury found that Prince was wrongfully discharged. In addition, it found that the wrongful conduct in discharging him was imputed directly to the governing body of the City and assessed $100,000 in actual damages and $1,000,000 in exemplary damages against the City.

GOVERNMENTAL IMMUNITY

The City, in its first point, argues that the court erred in denying its motion for an instructed verdict based on governmental immunity. Prince brought suit for wrongful discharge under article 8307c:

Sec. 1. No person may discharge or in any other manner discriminate against any employee because the employee has in good faith filed a claim, hired a lawyer to represent him in a claim, instituted, or caused to be instituted, in good faith, any proceeding under the Texas [Workers]’ Compensation Act, or has testified or is about to testify in any such proceeding.
[880]*880Sec. 2. A person who violates any provision of Section 1 of this Act shall be liable for reasonable damages suffered by an employee as a result of the violation, and an employee discharged in violation of the Act shall be entitled to be reinstated to his former position. The burden of proof shall be upon the employee.

See Tex.Rev.Civ.Stat.Ann. art. 8307c (Vernon Pamph.1993). This article provides a terminated employee a cause of action if he was discharged for pursuing a workers' compensation claim. See Azar Nut Co. v. Caille, 734 S.W.2d 667, 668 (Tex.1987). Such a discharge gives rise to the recovery of all damages suffered by the employee, plus exemplary damages. Id.

The Texas Constitution authorizes the Legislature to make municipalities subject to the Workers’ Compensation Act. Tex. Const, art. Ill, § 61. Article III, section 61, gives the Legislature the power to enact laws to enable cities to provide workers’ compensation insurance for all employees and to pass laws for the administration of this insurance.

The Legislature amended the Workers’ Compensation Act to require political subdivisions to extend workers’ compensation benefits to their employees and to make certain provisions of the Act applicable to political subdivisions. Tex.Rev.Civ. Stat.Ann. art. 8309h (Vernon Pamph.1993); Lyons v. Texas A & M University, 545 S.W.2d 56, 58 (Tex.Civ.App.-Houston [14th Dist.] 1977, writ ref’d n.r.e.). Article 8309h specifically provides that “political subdivisions” are subject to the prohibitions of article 8307c. Tex.Rev.Civ.Stat.Ann. art. 8309h § 3. A “political subdivision” includes a “home-rule city, a city, town, or village.” Id. § 1(1). Thus, the City of La Porte is an employer that is prohibited from discharging an employee for filing or pursuing a workers’ compensation claim.

In addition, the Texas Tort Claims Act provides that a governmental unit that accepts the workers’ compensation laws is entitled to the same privileges and immunities granted by the workers’ compensation laws to private individuals and corporations. Tex.Civ.PRAc. & Rem.Code Ann. § 101.028 (Vernon 1986) (formerly Tex.Rev. Civ.Stat.Ann. art. 6252-19 (Vernon 1970)). A private individual or corporation is not immune from the prohibitions in article 8307c. Therefore, only enjoying the same immunities as private individuals or corporations, a city is subject to the prohibitions in article 8307c, the same as private individuals and corporations. Governmental immunity does not protect a city against a cause of action under article 8307c, and the court properly denied the City an instructed verdict on that ground. See Barfield v. City of La Porte, 849 S.W.2d 842 (Tex. App.-Texarkana, 1993, n.w.h.). We overrule point one.

EXEMPLARY DAMAGES

The City, in its second through sixth points, complains that the award of exemplary damages is not supported by legally — or factually — sufficient evidence. We apply the rules for reviewing these eviden-tiary complaints on appeal. See Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex.1983); Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986).

As a general rule, a municipality may not be held liable for exemplary damages; however, if the plaintiff can prove that there is intentional, willful, or grossly negligent conduct that shows an entire want of care for his rights and that such conduct can be imputed to the governing body of the municipality, exemplary damages may be recovered. City of Gladewater v. Pike, 727 S.W.2d 514, 522 (Tex.1987). By requiring a plaintiff to show both wanton, malicious, or grossly negligent behavior and imputation of that conduct to the city’s leadership, recovery of exemplary damages is limited to only those exceedingly few situations where the actions of persons in authority show utter disdain for the protection of citizens’ rights. Id. at 524. Under these circumstances, a jury can consider awarding exemplary damages against a municipality. Id.

Essentially, the first requirement in City of Gladewater is to determine whether the municipal agent acted with a culpable state [881]

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City of La Porte v. Prince
851 S.W.2d 876 (Court of Appeals of Texas, 1993)

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Bluebook (online)
851 S.W.2d 876, 1993 WL 56256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-la-porte-v-prince-texapp-1993.