Raymundo Rico, Jr. v. L-3 Communications Corporation and Megan Ridge
420 S.W.3d 431
| Tex. App. | 2014Background
- Rico, Jr. was hired by L-3 in 1998; Ridge joined L-3 in 2006 as tool crib attendant.
- On November 8, 2006, Rico and Ridge were assigned to different hangars; Rico rode with Ridge to Hangar 150 and later to Hangar 2.
- Around 9:00 p.m., Rico allegedly assaulted Ridge at Hangar 150; James Brown saw Rico near Ridge and then Rico leave; Ridge reported the incident to management and police.
- Ridge identified Rico from photographs after a management meeting; Rico was suspended and later terminated following L-3’s investigation.
- Ridge reported the assault to police; Rico was acquitted in criminal court; Rico sued L-3 and Ridge for intentional infliction of emotional distress and, later, malicious prosecution.
- Trial court granted summary judgment to L-3 and Ridge on both claims; Rico appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Spoliation presumption entitlement sought by Rico | Rico contends spoliation evidence existed and presumption should apply | L-3 and Ridge deny duty and breach; no preserved evidence shown | Preservation duty not shown; no abuse of discretion; presumption denied |
| Malicious prosecution elements and causation | Rico asserts lack of probable cause and malice; elements (2),(4),(5),(6) established | L-3 and Ridge argue there was probable cause and proper reporting | Evidence insufficient to rebut probable cause; Rico loses on malicious prosecution claim |
| Intentional infliction of emotional distress (IIED) | Rico contends conduct was extreme and outrageous and caused severe distress | L-3 and Ridge argue lack of extreme/outrageous conduct and severeness | No evidence of extreme/outrageous conduct; IIED claim fails |
Key Cases Cited
- Suberu v. Kroger Tex. Ltd. P'ship, 216 S.W.3d 788 (Tex. 2006) (malicious prosecution burden-shifting and probable cause)
- Richey v. Brookshire Grocery Co., 952 S.W.2d 515 (Tex. 1997) (probable cause standard for malicious prosecution)
- Trevino v. Ortega, 969 S.W.2d 950 (Tex. 1998) (spoliation remedy within discovery context)
- Wal-Mart Stores, Inc. v. Johnson, 106 S.W.3d 718 (Tex. 2003) (spoliation presumption when evidence destroyed or not produced)
- Buckeye Retirement Co. LLC, Ltd. v. Bank of Am., N.A., 239 S.W.3d 394 (Tex. App.—Dallas 2007) (spoliation presumption framework)
- MRT, Inc. v. Vounckx, 299 S.W.3d 500 (Tex. App.—Dallas 2009) (spoliation considerations in evaluating summary judgment)