Legal Opinion

Borden, Inc. v. De La Rosa

Texas Court of Appeals, 13th District

Decided January 9, 1992No. 13-90-137-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

DORSEY, Justice.

A former Borden employee, Jose Homero De La Rosa, sued Borden for firing him, contrary to Article 8307c, 1 because he filed a workers’ compensation claim. Based on a jury verdict, the trial court awarded $986,000 actual damages and $10,000,000 punitive damages, as well as costs and interest. From that judgment, Borden has perfected this appeal. We find the damages to be excessive and suggest a remit-titur in lieu of reversal. Otherwise, we reverse and remand for trial.

De La Rosa began with Borden as a retail home delivery route salesman in 1968 and was promoted to a…

2Cases cited25 opinions

  1. Gee v. Liberty Mutual Fire Insurance Co.Texas Supreme Court · 1989
  2. Castleberry v. BranscumTexas Supreme Court · 1986
  3. Sabine Pilot Service, Inc. v. HauckTexas Supreme Court · 1985
  4. Alamo National Bank v. KrausTexas Supreme Court · 1981
  5. Birchfield v. Texarkana Memorial HospitalTexas Supreme Court · 1987

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3Cited by8 opinions

  1. Story Services, Inc. v. Ramirez, Texas Court of Appeals, 8th District (El Paso)1993
  2. Acme Boot Co., Inc. v. Montenegro, Texas Court of Appeals, 8th District (El Paso)1993
  3. ACME BOOT CO. v. MONTENEGROCourt of Appeals of Texas · 1993
  4. Tri-County Electric Cooperative, Inc. v. TidwellCourt of Appeals of Texas · 1993
  5. City of Hidalgo v. James Wisdom, Texas Court of Appeals, 13th District2001

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