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Case Name Southwestern Bell Telephone Co. v. Garza
Date 08/31/2001
Note Harmful error results where both valid and invalid liability theories are included in jury instructions.
Citation 58 S.W.3d 214
WCC Citation WCC 1632001 TX
Southwestern Bell Telephone Co. v. Garza, 58 S. W. 3d 214 (Tex. App. Dist. 1 08/31/2001) Texas Court of Appeals NUMBER 13-99-789-CV August 31, 2001 SOUTHWESTERN BELL TELEPHONE COMPANY, APPELLANT, v. DAVID GARZA, APPELLEE. OPINION Opinion by Justice Cantu This is an appeal by Southwestern Bell Telephone Company from a jury verdict favoring former employee, David Garza, in his suit for discrimination and termination in violation of the Texas Anti-Retaliation Statute. The incident did not become a serious issue of concern to Southwestern Bell management until Garza sought medical treatment. The argument urges that, as answered, it is impossible to determine whether the jury found that Southwestern Bell "discharged" Garza or whether it "disqualified" him. Counsel for Southwestern Bell stated, "No. " Given one further opportunity to voice objections to the proposed question, counsel for Southwestern Bell merely acknowledged a typographical error.

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