Carl Thompson v. The Methodist Hospital

JURY TRIAL. Carl Thompson v. The Methodist Hospital

  • Cause No. 2012-33451
    Honorable Michael Landrum
    In the 113th District Court, Harris County, TexasLead trial counsel in a three day trial representing Plaintiff in an employment / wrongful termination lawsuit against defendant The Methodist Hospital (“Methodist”).

    Hughes Ellzey and its attorneys prepared and drafted responses to Motions for Summary Judgment. Drafted and filed all pre-trial preparation submission motions and documents, including the proposed jury charge(s), exhibit list, witness list, motion in limine, and trial brief on exclusion of evidence under the collateral source rule. Argued motions at the pre-trial hearings, conducted pretrial conference, prepared and admitted trial exhibits into evidence at trial, preserved issues for appeal on the record at trial, cross-examined witnesses during trial, identified all possible issues and/or errors in the Court’s jury charge during the charge conference, conferred with defense counsel on various evidentiary issues, trial exhibits, and witness testimony throughout the trial; and made the jury argument during closing statements.

    Opposing counsel: Daniel Patton, Scott Patton, P.C. (Texas Bar No. 24013302). This was a wrongful termination case brought pursuant to Texas Labor Code § 451.

    Plaintiff, a former security guard employed by Methodist, alleged Methodist terminated his employment in retaliation for filing a worker’s compensation claim in good faith. Methodist claimed they fired Plaintiff pursuant to its Leave of Absence (“LOA”) Policy. The LOA Policy says all employees will be fired if they take a combined LOA longer than six months in any 12-month rolling period. Plaintiff presented evidence during trial showing he was fired before his LOA expired.

    Amount in Controversy: Past Lost Wages & Benefits – $71,624.00. Future Lost Wages & Benefits – $68,759.04. Past Mental Anguish – $142,000.00. Future Mental Anguish – $50,000.00.