ServiceMaster Co., LP v. Martin

Johnson, Presiding Judge.

Ray Martin sued his former employer, the ServiceMaster Company, L.P., and its successor, the ServiceMaster Company (collectively “ServiceMaster”), for breach of a written employment contract. Martin’s complaint also contained language sounding in tort. ServiceMaster filed its answer in which it strongly denied the factual allegations of Martin’s complaint. But the trial court struck ServiceMaster’s answer as a sanction for discovery abuse, and the case proceeded to trial on the issue of damages. The trial court allowed the jury to consider both tort claims and breach…