Blanchard v. Brazos Forest Products, L.P.
353 S.W.3d 569
Tex. App.2011Background
- Blanchard was terminated from Brazos Forest Products on June 17, 2008 after a customer complaint about his conduct during a delivery.
- Blanchard sought unemployment benefits, which were denied by the Texas Workforce Commission (TWC) and affirmed on appeal.
- Blanchard sued in district court; Brazos and TWC moved for summary judgment, submitting affidavits from Helen Nguyen, Randy Nguyen, Kyle Arterburn, and Daren Schirico.
- The affiants alleged Blanchard delivered wood to RD Shutters, did not seek office assistance, unloaded by throwing bundles onto the loading dock, and was rude/destructive; Blanchard offered contrary evidence in response.
- The trial court granted the joint summary judgment motion, overruling most of Blanchard’s objections to the evidence.
- The court of appeals reviewed the summary judgment de novo under the substantial-evidence standard applicable to TWC determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the summary judgment properly applied the substantial-evidence standard | Blanchard argues traditional standard should apply | Brazos and TWC contend substantial-evidence review governs | Summary judgment upheld; substantial evidence supported denial of benefits |
| Whether the trial court properly overruled Blanchard's evidentiary objections | Objections should affect the outcome | Objections were not relied upon in determining substantial-evidence support | Overruled; evidentiary rulings not material to the outcome |
Key Cases Cited
- Edwards v. Tex. Emp't Comm'n, 936 S.W.2d 462 (Tex. App.-Fort Worth 1996) (substantial-evidence standard for agency decisions)
- Tex. Health Facilities Comm'n v. Charter Med.-Dallas, Inc., 665 S.W.2d 446 (Tex. 1984) (agencies require substantial evidence; review focuses on record basis)
- Collingsworth Gen. Hosp. v. Hunnicutt, 988 S.W.2d 706 (Tex.1988) (substantial evidence review framework for agency decisions)
- Tippy v. City of Houston, 991 S.W.2d 330 (Tex.App.-Houston [1st Dist.] 1999) (substantial-evidence standard; evidence may preponderate yet support the decision)
- Jimison v. Tex. Workforce Comm'n, 2010 WL 851418 (Tex. App.-Fort Worth 2010) (summary judgment in substantial-evidence appeals context)
- Tex. Emp't Comm'n v. Torres, 804 S.W.2d 213 (Tex.App.-Corpus Christi 1991) (misconduct definition; mere failure to perform tasks may be insufficient)
- Mercer v. Ross, 701 S.W.2d 830 (Tex.1986) (misconduct requires intent or disregard for consequences)
- City of Houston v. Tippy, 991 S.W.2d 330 (Tex.App.-Houston [1st Dist.] 1999) (substantial-evidence standard applied to agency decisions)