 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Canutillo Independent School District v. Olivares2/29/1996
February 29, 1996
O P I N I O N
Appellant Canutillo Independent School District appeals from an adverse jury verdict in a retaliatory termination case. Appellee Thomas Olivares alleged that the school district terminated him because he filed several Worker 's Compensation claims. The jury found for Olivares and awarded him $200,000 in damages. We will modify the judgement and affirm as modified.
From March 1988 until April 1993, Appellee Thomas Olivares worked as a grounds keeper and custodian for Appellant Canutillo Independent School District ("CISD"). Olivares suffered injuries on the job on October 24, 1989, September 18, 1990, and November 19, 1992. He also claimed aggravation of an existing injury in March 1993. After each of his injuries, Olivares filed for Worker 's Compensation . Between January and March 1993, Olivares received four written warnings for various insufficiencies in his job performance. On March 31, 1993, Olivares's supervisor recommended that CISD terminate him and on April 14, 1993, CISD gave Olivares written notice of termination. Olivares filed suit against CISD on April 21, 1993, alleging retaliatory termination in violation of Section 8307c of the Worker 's Compensation Act, now recodified as Tex.Lab.Code Ann. Section(s) 451.001 et. seq. (Vernon Pamphlet 1996). The jury found that CISD had wrongfully terminated Olivares and awarded him $200,000 in damages.
In its first point of error, CISD argues that the trial court erred in entering judgement against it because school districts enjoy sovereign immunity from liability for retaliatory termination. In its second point, CISD asserts that even if sovereign immunity for retaliatory termination is waived, the Texas Tort Claims Act limits CISD's liability for damages to $100,000. See Tex.Civ.Prac.&Rem;Code Ann Section(s) 101.023 (Vernon 1986 and Supp. 1996). Our determinations on these points are interrelated, so we will discuss them together.
Section 8307c of the Worker 's Compensation Act, now recodified as Tex.Lab.Code Ann. Section(s) 451.001 (the "Anti-Retaliation Law"), made it unlawful to:
ischarge 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 Workmen's Compensation Act, or has testified or is about to testify in any such proceeding. Tex.Rev.Civ.Stat.Ann art. 8307c (Vernon Pamphlet 1990).
An independent school district, however, is an agency of the state which carries out only governmental functions, and, consequently, is entitled to governmental immunity. Dillard v. Austin I.S.D., 806 S.W.2d 589, 594 (Tex.App.--Austin 1991, writ denied), citing Braun v. Trustees of Victoria I.S.D., 114 S.W.2d 947, 949-50 (Tex.Civ.App. 1938, writ ref'd)(holding that Tex.Const.Ann. art. VII, sec. 1 (1955) establishes the matter of public education as a governmental function for all purposes). A school district is generally immune from liability for its governmental actions, unless the Legislature specifically waives the immunity. See Toungate v. Bastrop Indep. School District, 842 S.W.2d 823, 828 (Tex.App.--Austin 1992, no writ). Waiver of sovereign immunity is a matter addressed to the Legislature, not to the courts. City of LaPorte v. Barfield, 898 S.W.2d 288, 291(Tex. 1995); Guillory v. Port of Houston Auth., 845 S.W.2d 812, 813 (Tex.), cert. denied, 114 S.Ct. 75 (1993). The Legislature must waive immunity in clear and unambiguous language. City of LaPorte, 845 S.W.2d at 291.
In 1989, the Legislature adopted application of the AntiRetaliation Law, then
Page 1 2 3 4 5 6 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|