Employee allegedly fired for refusing to perform illegal act: Wrongful discharge: Emotional distress: Verdict: Punitive damages

Law Reporter, Jun 2001

Klumpe v. IBP, Inc., Dist. Ct., N.D. Tex., No. 2:99CV-122-J, Feb. 5, 2001.

Klumpe, 38, and his stepson, Escamilla, worked for IBP. After Escamilla was injured at work, IBP management allegedly told Klumpe to obtain Escamilla's signature on IBP's acceptance and waiver form for its workplace injury settlement program through whatever means necessary. By signing the form, Escamilla would have waived his right to sue IBP in connection with his injury. Klumpe did not obtain Escamilla's signature and he was fired. A slaughter superintendent, Klumpe was earning about $70,000 annually. His past lost earnings total $117,000 and his future lost earnings are $535,000. He suffered emotional distress.

Klumpe sued IBP, alleging wrongful discharge. Plaintiff claimed he was fired solely for refusing to perform an illegal act. Plaintiff alleged he was instructed to secure Escamilla's signature on the waiver by deception, in violation of state law.

A jury awarded approximately $10.8 million, including $10 million punitive damages.

Plaintiff's expert witness was E. Jordan Mills, economics, Dumas, Tex.

Defendant's expert was Kevin D. McGillicuddy, workers' compensation, Austin, Tex.

Plaintiff's Counsel

*James H. Wood,

*Channy F. Wood, and

*Tim D. Newsom, all of Amarillo, Tex.

Documents in this case are available through the Litigation Resources section in the back of this issue, courtesy of Mr. James H. Wood.