Tomhave v. Oaks Psychiatric Hospital

The plaintiff has pointed to proof, including among other facts the timing of her termination and the immediately negative reaction of her superiors, that gives rise to a material fact issue about the causal link between the plaintiff's termination and her report of a possible sexual relationship between a staff member and a juvenile patient and her suggestion that the incident be reported to regulatory authorities.

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Jacqueline Tomhave, a licensed therapist, filed a retaliatory discharge action against her employer, The Oaks Psychiatric Hospital, and sought exemplary damages. See Tex. Health & Safety Code Ann. � 161.134 (West 2001) (whistleblower cause of action for hospital employee who reports illegal activity to supervisor or others). Both parties conducted discovery and after the cause had been pending for more than two years, the Hospital filed a no-evidence summary judgment motion. See Tex. R. Civ. P. 166a(i).

The Hospital contended that Tomhave could provide no proof to support the causation element of her retaliatory discharge claim and she could provide no proof that the Hospital acted with malice to support her claim for exemplary damages. Tomhave responded to the motion and submitted proof she contended raised issues of fact regarding causation and exemplary damages. The district court granted the Hospital’s motion. On appeal raising two issues, Tomhave contends that she presented proof that raised fact issues on both elements of causation and punitive damages. We will reverse the judgment and remand the cause to the district court for further proceedings.

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