Gulf Consolidated Intern., Inc. v. Murphy
| Decision Date | 19 October 1983 |
| Docket Number | No. C-2080,C-2080 |
| Citation | 658 S.W.2d 565 |
| Parties | GULF CONSOLIDATED INTERNATIONAL, INC., Petitioner, v. John MURPHY, Respondent. |
| Court | Texas Supreme Court |
We grant the respondent's motion for rehearing. Our former opinion and judgment of July 13, 1983, are withdrawn and the following opinion is substituted.
This is a suit for breach of an employment contract brought by John Murphy against Gulf Consolidated International, Inc. The trial court rendered a take-nothing judgment for Murphy and granted Gulf a summary judgment for $5,000. The court of appeals reversed and remanded. We reverse the judgment of the court of appeals and remand the cause to that court.
Murphy's employment with Gulf was terminated with six months remaining of his two-year contract. Gulf asserted an affirmative defense of failure to mitigate damages, alleging that Murphy had an opportunity to return to work for his previous employer, Mid-Continent Supply Company, after being discharged from Gulf. The trial court found that Gulf had breached the employment contract and owed Murphy $16,389.39 in back salary. It also found that Murphy could have returned to work for Mid-Continent and earned $18,500 during that time period. The court offset the $18,500 against the damages owed by Gulf, holding that Murphy should have mitigated his damages, which resulted in a zero recovery for Murphy. Additionally the trial court granted Gulf a summary judgment for $5,000 based on a note due from Murphy. Murphy did not appeal from the summary judgment on the note.
The court of appeals, in an unpublished opinion pursuant to Rule 452 of the Texas Rules of Civil Procedure, reversed and remanded for a new trial. It held that since Murphy did not have an actual job offer from his previous employer, Gulf did not meet its burden of proof on the affirmative defense of failure to mitigate damages. In reversing the entire case, the court of appeals thus reversed the summary judgment for Gulf on the $5,000 note, even though it was not assigned as error on appeal.
The general rule as to mitigation of damages in breach of employment suits is that the discharged employee must use reasonable diligence to mitigate damages by seeking other employment. Professional Services, Inc. v. Amaitis, 592 S.W.2d 396 (Tex.Civ.App.--Dallas 1979, writ ref'd n.r.e.)....
To continue reading
Request your trial
-
S & A Restaurant Corp. v. Leal
...not given a fair notice, it is improper to reverse on such an obscure basis. See Prudential Ins. Co., 710 S.W.2d at 569; Gulf Consolidated Int'l, Inc., 658 S.W.2d at 566. In a recent opinion, this court stated that an appellant complaining "that the trial court erred in rendering judgment a......
-
In re Rose
...consider an issue or theory that was not before the trial court." Barr at 556 (op. on orig. submission) (citing Gulf Consol. Int'l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983)); see Universal Health Servs., Inc. v. Renaissance Women's Group, P.A., 121 S.W.3d 742, 748 (Tex.2003). "Even co......
-
Woolley v. Hoffmann-La Roche, Inc.
...Angell, 152 N.J.Super. 133, 377 A.2d 807 (Law Div.1977), modified, 164 N.J.Super. 465, 397 A.2d 334 (App.Div.1979); Gulf Consol. Int'l v. Murphy, 658 S.W.2d 565 (Tex.1983). At oral argument counsel indicated that Woolley was unable to obtain any employment between the time he was fired and ......
-
Bradshaw v. Bradshaw, 16–0328
...not authorized to reverse a trial court's judgment in the absence of properly assigned error.") (citing Gulf Consol. Int'l, Inc. v. Murphy , 658 S.W.2d 565, 566 (Tex. 1983) (per curiam) ("The court of appeals is not authorized to reverse a trial court's judgment in the absence of a properly......
-
Texas Commission on Human Rights Act: Procedures and Remedies
...other suitable employment. Ford Motor Co. v. EEOC, 458 U.S. 219, 231-34 (1982) (Title VII case); Gulf Consol. Int’l Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex. 1983) (opin. on reh’g). A claimant’s failure to make a good faith effort to obtain suitable alternative employment forfeits his or he......
-
Other Workplace Torts
...retaining substitute employment. See, e.g., Boehms v. Crowell , 139 F.3d 452, 459 (5th Cir. 1998); Gulf Consol. Int’l, Inc. v. Murphy , 658 S.W.2d 565 (Tex. 1983); Pacesetter Corp. v. Barrickman , 885 S.W.2d 256, 263 (Tex. App.—Tyler 1994, no writ); Azar Nut Co. v. Caille , 720 S.W.2d 685, ......
-
Wrongful Discharge
...what he or she received (or should have received) from other employment after the wrongful termination. Gulf Consol. Int’l v. Murphy, 658 S.W.2d 565, 566 (Tex. 1983); Greater Fort Worth & Tarrant County Cmty. Action Agency v. 627 S.W.2d 149, 151 (Tex. 1982); Cushman & Wakefield, Inc. v. Fle......
-
Texas Commission on Human Rights Act : Procedures and Remedies
...other suitable employment. Ford Motor Co. v. EEOC , 458 U.S. 219, 231-34 (1982) (Title VII case); Gulf Consol. Int’l Inc. v. Murphy , 658 S.W.2d 565, 566 (Tex. 1983) (opin. on reh’g). A claimant’s failure to make a good faith effort to obtain suitable alternative employment forfeits his or ......