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City of Houston v. Rhule

The appellant challenges the trial court's award based on breach of a settlement agreement. Recovery of non-economic damages, including damages for pain and suffering and mental anguish, is permitted when the claimant shows either that an employer that is party to a settlement agreement under the Texas Workers' Compensation Act for an injury contemplated by the Act breached its common law duty of good faith and fair dealing or that it committed an intentional wrongful act separate from the injured workers' compensation claim that produced an independent injury and that the pain and suffering or mental anguish that followed the breach was a foreseeable result of the breach. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-09-01079-CV, 06-07-2012.

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OPINION ON REHEARING

Following the issuance of our opinions in this case on July 21, 2011,vappellant, the City of Houston (“the City”), filed a motion for rehearing and a motion to dismissthe appeal on jurisdictional grounds.*fn1 We grant rehearing to address both the City’s motion for rehearing and its motion to dismiss. We withdraw our opinion and judgment of July 21, 2011 and issue this opinion and judgment in their stead.

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