Capps v. Nexion Health at Southwood

Joan Capps brought suit against Nexion Health at Southwood Inc. d/b/a Southwood Nursing and Rehabilitation Center, Nexion Health Management Inc. and Nexion Health Inc. for retaliatory discharge. A jury found in favor of Capps, and the trial court's judgment awarded her $1,367,846. Capps alleged that the defendants terminated her employment in retaliation for "investigating an incident of possible patient abuse or neglect and correlating falsification of patient records." The jury's finding that Capps did not quit, but was terminated, is not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. There is some evidence from which reasonable jurors could draw a reasonable and logical inference that NHM and Southwood terminated Capps for reporting and investigating whether a patient was appropriately placed in the locked unit because they did not like the possible outcomes of her investigation, that is, being tagged by the state and losing their director of nurses. Capps asked for a jury question inquiring if NHM discharged her in retaliation for reporting abuse or neglect or for initiating or cooperating in an investigation relating to the care, services, or conditions at Southwood. The trial court denied the request. Because the issue of NHM's liability for violation of §242.133 was raised by both Capps' pleadings and her evidence, the trial court should have submitted the requested question. The record shows that there was more than a scintilla of evidence for the jury to conclude that Capps suffered compensable mental anguish. Further, wrongdoing that threatens a person's reputation is sufficient to support an inference that the resulting injury was accompanied by mental anguish. There is no evidence to support the $4,000 award for lost employee benefits or medical bills. There is legally sufficient evidence to support the awards for lost wages and past compensatory damages. The trial court's judgment is reversed and rendered and remanded. Corpus Christi Court of Appeals, No. 12-09-00393-CV, 09-07-2011.