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ACME BOOT CO., INC. v. MONTENEGRO

No. 08-93-00017-CV.

862 S.W.2d 806 (1993)

ACME BOOT COMPANY, INC., Appellant, v. Salvador MONTENEGRO, Appellee.

Court of Appeals of Texas, El Paso.

September 22, 1993.

Attorney(s) appearing for the Case

Mark R. Flora, Kemp, Smith, Duncan & Hammond, P.C., El Paso, for appellant.

Mark F. Howell, and Ken Slavin, Brower & Slavin, El Paso, for appellee.

Before KOEHLER, BARAJAS and LARSEN, JJ.

OPINION

LARSEN, Justice.

Employer/defendant Acme Boot Company appeals from a judgment for plaintiff/employee Salvador Montenegro following a jury trial. The jury found that Acme discharged Montenegro for exercising his rights under Texas Workers' Compensation Act, a violation of Tex.Rev.Civ.Stat.Ann. art. 8307c (Vernon Pamph.1993); that the discharge was willful and malicious; and awarded plaintiff $40,000 actual and $100,000 exemplary damages. Acme complains...

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