Attorney Craig Seldin Comments on Complexity of Wrongful Termination Cases
After Being Awarded Over $200,000 in Punitive Damages for Wrongful Termination, a Truck Driver in Texas Received a Ruling Against His Claim; Citing a Lack of Malice, the Supreme Court Determined That the Truck Driver Was Not Eligible for a Punitive Damage Award; Houston-Based Attorney Craig Seldin Comments on This Case, Which Exemplifies the Standards Set by Texas Law
(firmenpresse) - HOUSTON, TX -- (Marketwire) -- 05/03/12 -- JusticeNewsFlash.com has that Louis Martinez III, a truck driver in Texas, will not be receiving the $200,000 in punitive damages that he was originally awarded after being terminated for refusing to drive an unsafe vehicle. Attorney Craig Seldin, who practices several areas of law in Texas, comments that this is a prime example of Texas law at work.
The aforementioned news report asserts that Martinez was fired from his job as a truck driver after he refused to drive a rig that was loaded improperly, resulting in a hazardous situation. The interior of the truck was stocked with steel shelving that had been both loaded and secured incorrectly -- a fact that is signified in court documents. Despite the fact that he made a decision based upon the safety of both himself and the general public, Martinez was let go after refusing to drive the rig. Safeshred Inc. fired him in 2007 and, after initial court rulings, Martinez was awarded $200,000 in punitive damages for what was posed as a wrongful termination case.
JusticeNewsFlash.com reports that the Supreme Court overturned this ruling, citing the fact that his firing lacked malice and was, as a result, not a case of wrongful termination. In following this logic, the Supreme Court deemed Martinez ineligible to claim the $200,000 in punitive damages that had been awarded to him.
"Punitive damage awards are very difficult to obtain in Texas," commented Houston-based attorney . "They are governed by the Texas Civil Practice and Remedies Code, which requires special findings of malice or gross negligence. Evidently, the Supreme Court did not find the minimum threshold of evidence for malice or gross negligence in the trial record."
In this comment, Craig Seldin clarifies a point about which many individuals are confused. Despite the fact that Martinez was fired after refusing to drive a dangerous truck, the manner in which he was fired, and the motives for which Safeshred Inc. claims to have fired him, are devoid of the malice necessary to make a wrongful termination case in the state of Texas. As Craig Seldin puts it, "Their ruling was simply a matter of Texas law."
ABOUT:
is a Houston-based attorney who practices in several areas of the law. With an aggressive approach and thorough understanding of Texas state laws, he has represented a wide array of clients. Some of the practice areas in which Craig Seldin is active include family law, divorce, bankruptcy, business formation, probate, civil rights, immigration law, commercial litigation, contract law, criminal defense, real estate, construction law, medical malpractice, personal injury, product liability, and more.
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Datum: 03.05.2012 - 10:00 Uhr
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