El Paso Healthcare System

El Paso Healthcare System - El Paso Healthcare System, Ltd....

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El Paso Healthcare System, Ltd. v. Carmona, No. 08-03-00129-CV (Tex.App. Dist.8 03/17/2005) [1] COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS [2] No. 08-03-00129-CV [3] 2005.TX.0001970< http://www.versuslaw.com> [4] March 17, 2005 [5] EL PASO HEALTHCARE SYSTEM, LTD., D/B/A LAS PALMAS MEDICAL CENTER, APPELLANT, v. VINCENZA CARMONA, APPELLEE. [6] Appeal from the 327th District Court of El Paso County, Texas. (TC# 2001- 255). [7] Before Panel No. 4 Barajas, C.J., Larsen, and McClure, JJ. [8] The opinion of the court was delivered by: Richard Barajas, Chief Justice [9] OPINION [10] This is an appeal from a jury verdict in a case arising under the Texas Commission on Human Rights Act ("TCHRA")*fn1 claiming damages based upon allegations of age discrimination. The jury awarded $85,952 in back pay, $21,536 for loss of past employment benefits, $75,000 in compensatory damages, prejudgment interest on the actual damages, $1.3 million in exemplary damages, attorneys fees of $54,425, conditional awards of appellate attorneys fees, and post-judgment interest on all the amounts awarded. The Appellant raises ten issues on appeal. Issues One through Five challenge the legal and factual sufficiency of the evidence to support the jury's answers to the questions submitted. The remaining issues challenge the legal and factual sufficiency of the evidence to support the jury's finding that Appellant acted with malice or reckless indifference, the legal and factual sufficiency of the evidence to support the jury's finding regarding lost employment benefits, the trial court's submission of a circumstantial evidence instruction, whether the cap on damages
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under the Texas Commission on Human Rights Act applies, and whether, if the cap applies, it also limits the award of front pay found by the jury. For the reasons stated, we reverse and remand. [11] I. ISSUES SUBMITTED ON APPEAL [12] Appellant has submitted ten issues on appeal. Issues One through Five complain that the evidence supporting the jury's answers regarding a finding of age discrimination under the TCHRA, is legally and factually insufficient to support the findings. Because our ruling on Issues One through Five is dispositive of this appeal, we do not reach the remaining issues. [13] II. SUMMARY OF THE EVIDENCE [14] Appellee, Vincenza Carmona had been employed as a nurse in El Paso since 1979 and employed by Appellant since 1988. Appellee originally was employed as an oncology nurse by Appellant, but in 1992, became a Case Manager which involved, among other responsibilities, overseeing the placement of patients within the hospital. In May of 1997, Appellee applied for a new position that had recently been created in the Admitting Department, Admitting Nurse. The same position had been eliminated approximately two years earlier during a previous reduction in force but was recreated in 1997. At that time, Juan Murillo, the Assistant Director over the Admitting Department, interviewed
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.

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El Paso Healthcare System - El Paso Healthcare System, Ltd....

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