Hunt v. Van Der Horst Corp.
| Decision Date | 30 April 1986 |
| Docket Number | No. 05-85-00978-CV,05-85-00978-CV |
| Citation | 711 S.W.2d 77 |
| Parties | Milton Carrol HUNT, Appellant, v. VAN DER HORST CORPORATION, Appellee. |
| Court | Texas Court of Appeals |
Michael A. Yonks, Lyon & Lyon, Mesquite, for appellant.
James J. Lee and Courtenay L. Bass, Winstead, McGuire, Sechrest & Minick, Dallas, for appellee.
Before VANCE, DEVANY and SCALES, JJ.
Milton Carrol Hunt appeals a summary judgment against him in his suit against his former employer, Van Der Horst Corporation, claiming that the employer wrongfully terminated his employment because he filed a workers' compensation claim. Van Der Horst contends that summary judgment was appropriate because it conclusively established: (1) that, at the time it fired Hunt, he had taken no steps towards instituting a workers' compensation claim; and (2) that Van Der Horst decided to fire Hunt before his alleged injury, thereby conclusively establishing that there was no causal connection between Hunt's workers' compensation claim and his termination. We agree with Hunt that material issues of fact remain unresolved and, therefore, reverse the judgment of the trial court and remand for a trial on the merits.
Hunt was first employed by Van Der Horst at its Terrell, Texas plant in 1956. He worked there, off and on, voluntarily leaving twice to pursue other employment until January of 1968. At that point Van Der Horst rehired Hunt. Hunt worked virtually continuously for Van Der Horst until he was fired on February 12, 1981. During this final period of employment, however, a brief hiatus occurred on April 1, 1980 when Herbert Hallett, the general manager of the Terrell plant, filled out, and then immediately voided, a termination slip for Hunt. When Hunt was fired on February 12, 1981, he was the Chief Inspector at the Van Der Horst plant.
In support of its motion for summary judgment, Van Der Horst presented evidence that its decision to fire Hunt was made by Hallett and Robert Phillips, the plant supervisor, on February 6, 1981. Van Der Horst's summary judgment evidence on this issue includes Hallett's deposition and affidavits of Phillips and Jeanette Wadle. Hallett stated that on the morning of February 12, he filled out a termination slip for Hunt. Wadle stated in her affidavit that she saw the filled-out termination slip before lunch on the 12th.
Hunt's alleged injury occurred at about 2:00 p.m. on February 12. Hunt failed to fill out an accident report, although he swore in his deposition that he did inform Pete Kuban, his supervisor, that he was going home and to see a doctor because of his injury. Hallett telephoned Hunt at about 3:30 p.m. and told him that he was fired.
Hunt's cause of action is based on article 8307c of the Workers' Compensation Act, which provides in part:
No person may discharge or in any other manner discriminate against an 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 proceedings.
TEX.REV.CIV.STAT.ANN. art. 8307c (Vernon Supp.1986).
Van Der Horst first contends that summary judgment was appropriate because it conclusively established that there was no causal connection between Hunt's workers' compensation proceeding and Van Der Horst's decision to fire him. It maintains that it has established this by showing that the decision to fire Hunt was made before Hunt suffered his alleged injury and because Hallett was unaware that Hunt claimed to have been injured when Hallett informed him that he was fired.
We cannot agree with Van Der Horst's contention that, if it had decided to fire Hunt prior to his alleged injury, the actual act of firing Hunt, which occurred after his alleged injury, could not be causally connected with his workers' compensation claim. As previously noted, Hallett filled out a termination slip for Hunt on a prior occasion, but this decision was voided. Additionally, Hallett deposed, "It had been my intent to let (Hunt) work out the week, but he was definitely discharged." February 12, 1981 fell on a Thursday. Thus, the alleged decision to terminate Hunt was implemented a day ahead of schedule according to Hallett's own testimony.
Hunt could maintain a successful action under article 8307c if there is a causal connection between his workers' compensation claim and his termination even if this were not the only reason he was fired. Santex, Inc. v. Cunningham, 618 S.W.2d 557, 560 (Tex.Civ.App.--Waco 1981, no writ). Especially in light of the prior voided termination slip, we could not conclude, even if Van Der Horst had conclusively established that it had formed an executory intention to fire Hunt prior to his alleged injury, that there was no fact issue as to whether Hunt's workers' compensation claim was at least a factor in its final decision to fire him.
Even if Van Der Horst would have been entitled to judgment if it could establish that it intended to fire Hunt before his alleged injury, summary judgment would nevertheless have been improper here because this intent does not appear conclusively from the record. Van Der Horst relies on statements of intent made by Hallett and Phillips and on the Wadle affidavit in which Wadle states that she...
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