Safeshred, Inc. v. Louis Martinez, Iii ( 2012 )

June 08, 2012 Mr. Craig A. Morgan Attorney at Law 718 Sunfish Austin, TX 78734-4410 Mr. Gregory D. Jordan Law Offices of Gregory D. Jordan 5608 Parkcrest Drive, Suite 310 Austin, TX 78731 RE: Case Number: 10-0426 Court of Appeals Number: 03-08-00626-CV Trial Court Number: C-1-CV-07-013578 Style: SAFESHRED, INC. v. LOUIS MARTINEZ, III Dear Counsel: Today the Supreme Court corrected the Court's opinion issued April 20, 2012 in the above-referenced cause. You may obtain a copy of the opinion at: http://www.supreme.courts.state.tx.us/historical/recent.asp. If you would like the opinion by email, please contact Claudia Jenks at claudia.jenks@txcourts.gov or call (512)463-1312 ext. 41367: The following correction was made on page 15, footnote 6: [FN 6] There was no evidence in this case of harassment in connection with the firing, or of Safeshred's knowledge that firing Martinez was unlawful. The court of appeals, in finding legally sufficient evidence of malice, relied primarily on evidence that Safeshred managers knew that driving the unsafe truck loads was illegal. But that is not the sort of conscious indifference that alone supports a finding of malice in a case like this. As discussed in footnote 6, aA malice finding based on Safeshred's knowledge of illegality would require a showing that the company knew the loads were illegal and was aware that the law did not permit it to fire an employee for refusing to perform an illegal act, but did sofired Martinez anyway. Martinez presented no such evidence. Sincerely, [pic] Blake A. Hawthorne, Clerk by Claudia Jenks, Chief Deputy Clerk |cc:|Mr. Jeffrey D. Kyle | | |Ms. Dana DeBeauvoir | | |Ms. Deborah J. La | | |Fetra | | |Ms. Linda Boston | | |Schlueter |