Business Staffing, Inc. (Appellant/Cross-Appellee) v. Christina Viesca, et al., Belo Wiley d/b/a Wen-Be, and Wiley Lease Co. Ltd. (Appellee/Cross-Appellant)--Appeal from 81st Judicial District Court o

SUPREME COURT CASES

Laws-info.com » Cases » Texas » 4th District Court of Appeals » 2012 » Business Staffing, Inc. (Appellant/Cross-Appellee) v. Christina Viesca, et al., Belo Wiley d/b/a Wen-Be, and Wiley Lease Co. Ltd. (Appellee/Cross-Appellant)--Appeal from 81st Judicial District Court o

State: Texas

Court: Texas Northern District Court

Docket No: 04-10-00828-CV

Case Date: 12/28/2012

Plaintiff: Business Staffing, Inc. (Appellant/Cross-Appellee)

Defendant: Christina Viesca, et al., Belo Wiley d/b/a Wen-Be, and Wiley Lease Co. Ltd. (Appellee/Cross-Appella

Preview:Fourth Court of Appeals
San Antonio, Texas
OPINION
No. 04-10-00828-CV BUSINESS STAFFING, INC., Appellant/Cross-Appellee v. Christina VIESCA, et al., Appellees/Cross-Appellants and Belo Wiley d/b/a Wen-Be, and Wiley Lease Co. Ltd., Appellees From the 81st Judicial District Court, Atascosa County, Texas Trial Court No. 06-01-0869-CVA-A Honorable Fred Shannon, Judge Presiding Opinion by: Sitting: Rebecca Simmons, Justice Karen Angelini, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice

Delivered and Filed: December 28, 2012 AFFIRMED IN PART, REVERSED IN PART, AND RENDERED This appeal and cross-appeal arise from a lawsuit that was tried in two separate phases. Phase I involved the wrongful death and negligence claims brought by Christina Viesca and other relatives (collectively the Viescas) against Business Staffing, Inc. (BSI), and Belo Wiley d/b/a Wen-Be, and Wiley Lease Co., Ltd. 1 The jury found in favor of the Viescas. Almost a year later, Phase II was tried and consisted of (1) the Viescas' claims against BSI for breach of contract, fraud, and Deceptive Trade Practices Act (DTPA) violations, and (2) Wiley Lease Co.,

1

The charge only included Wiley Lease Co., Ltd.

04-10-00828-CV

Ltd.'s cross-claims against BSI for breach of contract, fraud, and DTPA violations. The jury found in favor of the Viescas and Wiley Lease Co. The trial court rendered judgment following Phase II that disregarded the jury verdict from Phase I and awarded damages based on the jury verdict in Phase II. Cross-appellants, the Viescas, challenge the trial court's grant of judgment notwithstanding the jury's verdict (JNOV) from the first phase of the trial. BSI appeals the jury verdict from Phase II that was incorporated into the trial court's judgment. We affirm in part, reverse in part, and render the judgment accordingly. BACKGROUND This case is factually and procedurally complex, with several parties asserting appellate points. Consequently, an extensive discussion of the facts is necessary to understand the issues in this case. We begin with an overview of the parties and the facts and then address BSI's issues followed by the Viescas' cross-points. A. The Parties 1. BSI BSI is a staff leasing company. 2 In exchange for a percentage of a client company's gross payroll, BSI supplies the company with employees, provides insurance to the employees, handles the client's employees' insurance claims, and manages the client's payroll. The client retains the responsibility for "the direction and control of assigned employees as necessary to conduct the client company's business." TEX. LAB. CODE ANN.

Download 04-10-00828-cv.pdf