Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

City of Austin, Appellant v. Ronnie Esparza, Appellee

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
C O N C U R R I N G A N D D I S S E N T I N G OPINION

Because I agree with the majority’s resolution of the first issue on appeal, I join that portion of the opinion. However, for the reasons detailed below, I respectfully dissent from the remainder of the opinion by the majority.

As described by the majority, in its second issue, the City challenges the legal and factual sufficiency of the evidence supporting the jury’s determination that Esparza was disabled as a result of the injury that he sustained on June 10, 2003. The labor code defines “disability” as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage,” Tex. Lab. Code Ann. § 401.011(16) (West Supp. 2010), and this definition was incorporated into the jury charge. Among other reasons, the City challenges the sufficiency of the evidence by contending that insufficient evidence was presented regarding Esparza’s ability to earn his pre-injury wage during the alleged period of disability.*fn1

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
Go to Events Go to Webcasts
Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›
Seattle, WA Litigation Counsel

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›
Civil Litigation Attorney - New York

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Go to Lawjobs