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Vallance v. Irving C.A.R.E.S.3/24/2000
Anne Marie Vallance appeals the take-nothing summary judgment rendered by the trial court in favor of Irving C.A.R.E.S., Inc., and Irving C.A.R.E.S., Inc. d/b/a Irving C.A.R.E.S. Community Assistance Referral Emergency and Service, in her suit alleging that appellees terminated her employment for filing a workers' compensation claim. In a single issue, appellant questions whether the trial court erred in granting appellees' motion for summary judgment. We resolve the issue against appellant and affirm the trial court's judgment.
FACTUAL BACKGROUND
Appellees are an emergency assistance agency providing aid in the form of food, clothing, rental, and utility assistance. Appellees hired appellant to be their intake receptionist. The intake receptionist makes the decision whether an applicant is qualified for immediate services for food and clothing, creates the file on the applicant, and prepares the file for further review by a case worker. The intake receptionist also assists with the food closet, tidying the clothes closet, vacuuming, carrying out garbage, and other tasks. The position is critical to the functioning of appellees' services. At the time appellant worked for appellees, she was their only intake receptionist.
Appellant began working full time for appellees as their intake receptionist on August 21, 1995. She hurt her back "prior to September 7, 1995" lifting a box of copy paper, and she reinjured her back on September 14, 1995 when she tripped over a curb while on an office errand. On September 15, 1995, appellant reported to her supervisor that she was unable to get out of bed due to her backache. Subsequently, appellant filed a workers' compensation claim for her injured back. Appellees terminated appellant on October 10, 1995. During the thirty-four-and-a-half workdays appellant was employed by appellees, she worked only eighteen days. The rest of the time she was on medical leave. In a termination letter, appellees explained she was being terminated because she "ha proven cannot be on the job as needed in this critical position." Appellees also stated in the termination letter that "Irving CARES is not evading our workers compensation insurance responsibility. At this time our insurance company is accepting your on the job back injury claim." Appellant received her workers' compensation benefits.
Appellant sued appellees, alleging they terminated her employment because she filed a workers' compensation claim. Appellees moved for summary judgment on the ground that appellant could not produce evidence that they terminated her for filing her workers' compensation claim. Appellant responded to the motion and attached exhibits in support of her response. Appellees objected to some of this evidence as unauthenticated, and the trial court sustained their objections. The trial court granted appellees' motion for summary judgment.
SUMMARY JUDGMENT
After adequate time for discovery and without presenting summary judgment evidence, a party is permitted by rule of civil procedure 166a(i) to move for summary judgment on the ground that no evidence supports one or more essential specified elements of an adverse party's claim or defense on which the adverse party would have the burden of proof at trial. See Tex. R. Civ. P. 166a(i). If the adverse party is unable to produce summary judgment evidence raising a genuine issue of material fact on the challenged elements, the trial court must grant the motion. See id.
A no-evidence motion for summary judgment is essentially a pretrial motion for instructed verdict, and we apply the same standard of review. See Moore v. K Mart Corp., 981 S.W.2d 266, 269 (Tex. App._San
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