Castaneda, Maria v. National Center for the Employment of the Disabled--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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MARIA CASTANEDA, ) No. 08-01-00077-CV

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Appellant, ) Appeal from

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v. ) 327th District Court

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NATIONAL CENTER FOR THE ) of El Paso County, Texas

EMPLOYMENT OF THE DISABLED, )

) (TC# 99-3870)

Appellee. )

O P I N I O N

Maria Castaneda sued her employer for negligence in connection with injuries she sustained on the job. The jury found that the negligence of the employer was not a proximate cause of her injuries. Based upon the jury=s findings, the trial court entered a take-nothing judgment against Castaneda. In this appeal, Castaneda--appearing pro se--challenges the legal and factual sufficiency of the evidence. We affirm.

FACTUAL AND PROCEDURAL HISTORY

According to her petition, Maria Castaneda was an employee at the National Center for the Employment of the Disabled in December 1997. She alleged that she sustained injuries to her wrist, hand, arm, neck, and body as a result of the repetitive movement required to perform her job. Castaneda brought a claim of negligence against the company for failure to provide her with safe equipment with which to perform her job, failure to instruct and supervise her in the performance of her duties, failure to provide a safe working environment, and failure to provide adequate staff and assistance to aid Castaneda in her duties. The case was submitted to the jury on two special questions. In Question No. 1, the jury was asked: ADid the negligence, if any, of the Defendant, NATIONAL CENTER FOR EMPLOYMENT OF THE DISABLED, proximately cause the injury, if any, in question?@ The jury answered, ANo.@ Based upon the jury=s answer, the trial court entered a judgment that Castaneda take nothing against the Appellee.

While Castaneda=s brief does not clearly state her grounds for appeal, we construe her argument as a challenge to the legal and factual sufficiency of the evidence. However, she has not brought forward a reporter=s record by which we may review her complaints. A complaining party has the burden of presenting a sufficient record to show error. See Englander Co. v. Kennedy, 428 S.W.2d 806, 807 (Tex. 1968); see also Tex.R.App.P. 34.6(b). In the complete absence of a statement of facts, we must presume that the evidence supports the judgment. Guthrie v. National Homes Corporation, 394 S.W.2d 494, 495 (Tex. 1965). We overrule Castaneda=s legal and factual sufficiency claims and affirm the judgment of the trial court below.

August 1, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

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