ACME BOOT CO. v. MONTENEGRO

OPINION

LARSEN, Justice.

Employer/defendant Acme Boot Company appeals from a judgment for plaintiff/employee Salvador Montenegro following a jury trial. The jury found that Acme discharged Montenegro for exercising his rights under Texas Workers’ Compensation Act, a violation of Tex.Rev.Civ.StatAnn. art. 8307c (Vernon Pamph.1993); that the discharge was willful and malicious; and awarded plaintiff $40,000 actual and $100,000 exemplary damages. Acme complains that the evidence does not support the jury’s verdict, that the amount of exemplary damages was excessive, and that the trial court should…