Cristain v. Hunter Buildings and Manufacturing, LP, No. 17-20667 (5th Cir. 2018)Annotate this Case
Plaintiff, who was injured on the job, filed suit against his employer for retaliation and age discrimination. After the case proceeded to trial, the district court granted the employer's renewed motion for judgment as a matter of law at the close of the evidence on the retaliation claim, but sent the age discrimination issue to the jury. The jury returned a verdict for the employer.
The Fifth Circuit reversed and remanded the adverse ruling on the retaliation claim, holding that, under Texas law, sufficient evidence of retaliation was presented to support submission to the jury under Cont'l Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444, 451. The court reasoned that this outcome would be the same whether it considered the Continental Coffee list as "elements" or merely "factors." In this case, there was stark temporal proximity between plaintiff's injury and his termination, there was evidence to support the expression of a negative attitude and the treatment compared to similarly situated employees, and there was considerable evidence that would support a jury verdict in plaintiff's favor.