Ramos v. Frito-Lay, Inc.

DOGGETT, Justice.

The central issue in this appeal is whether an employer may be held liable in exemplary damages for the actions of its management-level employee in performing a non-managerial task. The court of appeals reversed the trial court’s award of exemplary damages in this cause because Frito-Lay’s sales manager was not performing a managerial task. 770 S.W.2d 887. We reverse the judgment of the court of appeals and remand the cause to that court for consideration of points it did not reach.

Liability in the trial court was premised on the intentional tort of Jose Padilla, a Frito-Lay…