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David Durbin sued Dal-Briar Corporation for wrongful termination, alleging he was fired in violation of Tex.Rev.Civ.Stat. Ann. art. 8307c for filing a worker's compensation claim after sustaining multiple work-related injuries. Durbin argued that Dal-Briar had a company policy of terminating employees who filed such claims, and the trial court erroneously excluded evidence of similar terminations and a supervisor's testimony corroborating this policy. The jury returned a take-nothing verdict, which Durbin appealed. The appellate court found the trial court erred in excluding the relevant evidence, concluding that this error was harmful and likely led to an improper verdict. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial, while rejecting Durbin's claims of jury misconduct.
Durbin v. Dal-Briar Corp. is a workers' compensation case decided in Texas Court of Appeals, 8th District (El Paso). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 8th District (El Paso).
Full Decision Text1 Pages
David Durbin sued Dal-Briar Corporation for wrongful termination, alleging he was fired in violation of Tex.Rev.Civ.Stat. Ann. art. 8307c for filing a worker's compensation claim after sustaining multiple work-related injuries. Durbin argued that Dal-Briar had a company policy of terminating employees who filed such claims, and the trial court erroneously excluded evidence of similar terminations and a supervisor's testimony corroborating this policy. The jury returned a take-nothing verdict, which Durbin appealed. The appellate court found the trial court erred in excluding the relevant evidence, concluding that this error was harmful and likely led to an improper verdict. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial, while rejecting Durbin's claims of jury misconduct.
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