Conn Appliances, Inc. v. Richard Puente

CourtCourt of Appeals of Texas
DecidedAugust 13, 2020
Docket09-18-00326-CV
StatusPublished

This text of Conn Appliances, Inc. v. Richard Puente (Conn Appliances, Inc. v. Richard Puente) 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
Conn Appliances, Inc. v. Richard Puente, (Tex. Ct. App. 2020).

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-18-00326-CV __________________

CONN APPLIANCES, INC., Appellant

V.

RICHARD PUENTE, Appellee

__________________________________________________________________

On Appeal from the 58th District Court Jefferson County, Texas Trial Cause No. A-198,556 __________________________________________________________________

MEMORANDUM OPINION

Conn Appliances, Inc. (Conn’s) appeals the trial court’s Order granting

Richard Puente’s Motion to Vacate an Arbitration Award, denying Conn’s Motion

to Confirm the Award, vacating the Arbitration Award, and declaring Conn’s

Dispute Resolution Plan (the “Arbitration Agreement”) void. Because we conclude

the trial court erred, we reverse the trial court’s order and remand the case to the trial

court for proceedings consistent with this opinion.

1 Background

Puente was employed by Conn’s as an appliance repairman. While repairing

a customer’s appliance, Puente injured his thumb and hand. Puente sued Conn’s, his

employer, for his personal injuries. Conn’s is a non-subscriber under the Texas

Workers’ Compensation Act. See Tex. Labor Code Ann. § 406.003. Puente alleged

that Conn’s was negligent in failing to provide him the necessary tools to perform

the repair work he was assigned to do, resulting in an injury to his right thumb and

hand.

Conn’s had an Arbitration Agreement with Puente. The Arbitration

Agreement included the following provisions:

[] Either party may bring an action in any court of competent jurisdiction to compel arbitration, to enforce an arbitration award, and to vacate an award under this Plan. The award may be vacated or modified on the grounds specified in the Federal Arbitration Act or when the arbitrator’s award reflects a manifest disregard for the law.

....

[] CONN’S and the employee understand that they are agreeing to substitute one legitimate dispute resolution forum (arbitration) for another (litigation), and that each is hereby waiving its/his/her right to have its/his/her covered dispute(s) resolved by a court and/or jury.

[] The terms of this Plan are severable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

[] No party is relying on any representations, oral or written, on the subject or the effect enforceability or meaning of this Agreement, except as specifically set forth in this Plan. 2 In response to the lawsuit, Conn’s filed an Answer and alleged that the parties

had entered into a binding Arbitration Agreement and sought to have the claim

submitted to arbitration. Puente and Conn’s then asked the trial court to enter an

agreed order to abate the suit and to submit Puente’s claim to binding arbitration.

The parties agreed upon an arbitrator and the arbitrator held a final hearing and

thereafter issued an Award. The arbitrator concluded that Conn’s was negligent and

awarded Puente $60,000. The arbitrator made findings of fact and conclusions of

law, which included findings, in pertinent part, that: specific tools should have been

provided to Puente by Conn’s which would have prevented his injuries; Puente did

not seek other medical treatment for almost five months after initially receiving

treatment after the incident, did not follow-up with treatment, and saw his primary

care health professional three times following the incident but never mentioned his

hand injury; Puente stated in his recorded statement immediately following the

injury that he did not feel Conn’s contributed to his injury in any way and that Conn’s

is a safe place to work, which “greatly weighed in the final award”; Puente signed a

Safety Pledge when he was hired in which he agreed he would report an unsafe act

or condition, but Puente failed to report his need for the proper tools despite being

trained to use them; Puente was released to return to work in September 2016 but

instead of returning to Conn’s, he went to work in the same position for another

business, which limited future damages from September 1, 2016; Puente failed to

3 produce certain pay and income records; Conn’s is entitled to a credit for its earlier

payment to Puente for $16,025.70; Puente’s reported rotator cuff injury was not

caused by the injury; the Award took into account Puente’s obligation to use

ordinary care and to act in a reasonable manner, which the arbitrator did not find

Puente did to the full extent he should have; and that Conn’s “in its response, whether

as to fact or law, has cited a contrary position on almost every material issue which

has been carefully considered in rendering this Final Award.”

Puente filed a Motion to Vacate the Arbitration Award on the grounds that

the arbitrator manifestly disregarded the law by improperly considering contributory

negligence principles in reducing the amount of the damages award. According to

the motion, the improper ruling on damages provided a contractual ground for

vacatur under the Arbitration Agreement because it allowed for vacatur when the

arbitrator displays a manifest disregard for the law, and the improper ruling on

damages also provided a statutory ground for vacatur because the arbitrator violated

the Texas Arbitration Act (TAA) and Federal Arbitration Act (FAA) by “exceeding

his powers” in issuing an award that reflects a manifest disregard of the law. Conn’s

filed a Motion to Confirm the award.

The trial court heard the motions and entered an Order that denied Conn’s

motion to confirm the arbitration award, granted Puente’s motion to vacate the

arbitration award, declared the arbitration agreement void, and stated that Puente

4 could pursue his claim in the trial court. The trial court’s Order included the

following findings:

That Defendant is bound by the terms of the Arbitration Agreement applicable to this matter, which Defendant drafted;

That the Arbitration Agreement contained a provision that allowed any Arbitration Award to be vacated if the Arbitrator was found to have manifestly disregarded the law;

That this provision was a material part of the Arbitration Agreement;

That Defendant never intended to abide by this material provision in the Arbitration Agreement;

That the Arbitrator, in his Final Award in this matter, manifestly disregarded the applicable law governing the issues in this matter in a manner that benefitted Defendant;

and

That, based on Defendant’s material breach, the Arbitration Agreement is VOID.

Conn’s appealed.

Issues on Appeal

In Conn’s first issue, it argues the trial court erred in granting Puente’s motion

to vacate the arbitrator’s final award and denying Conn’s motion to confirm where

the only ground for vacatur presented was a claim of manifest disregard, which is no

longer a valid basis for vacatur in arbitrations conducted pursuant to the FAA. In

issue two, Conn’s argues that, even if the FAA permits vacatur based on manifest

disregard of the law, the trial court erred in finding manifest disregard of the law 5 because the arbitration award never mentioned contributory negligence. In issue

three, Conn’s argues the trial court erred because its order declared the entire

Arbitration Agreement void based on a claim of fraud, where no evidence of fraud

was presented and the arbitration includes a savings clause and disclaimer of

representations.

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