Dow Chemical Co. v. Francis

PER CURIAM.

Renee Francis, a former employee of The Dow Chemical Company, sued Dow and its employee, Joseph Hegyesi, alleging discrimination, fraud, constructive discharge, and retaliation. The trial court granted summary judgment for Dow and Hegyesi on Francis’ fraud claims and dismissed Hegyesi from the ease. The remaining claims against Dow were tried to a jury. After a two-week trial, the jury rejected Francis’ discrimination and constructive-discharge claims. The jury found for Francis on her retaliation claim [*239] but awarded zero damages. Based on these findings, the trial court rendered a take-nothing judgment against Francis. Francis appealed. The court of appeals reversed both the take-nothing judgment for Dow and the summary judgment for Dow and Hegyesi. 46 S.W.3d 264. In doing so, the court of appeals concluded, among other things, that the cumulative effect of the trial court’s abuse of discretion with regard to its evidentiary rulings and its bias against Francis resulted in the rendition of an improper judgment. 46 S.W.3d at 281. We conclude that the court of appeals erred, reverse its judgment, and remand this cause to that court for further proceedings consistent with this opinion.

In their petition for review, Dow and Hegyesi argue that the court of appeals erred in: (1) holding that the trial judge’s bias resulted in an improper judgment; (2) sustaining Francis’ evidentiary complaints; (3) applying incorrect legal and factual-sufficiency standards in reviewing the jury’s zero damages verdict on Francis’ retaliation claim; and (4) reversing the summary judgment on Francis’ fraud claim. We begin with the court of appeals’ bias holding.