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[W] Pruitt v. Ziesmer6/13/2002
This lawsuit involves claims of defamation and tortious interference with business relations. Jesse Pruitt and William Anders appeal from a judgment favoring Ronald Ziesmer. The jury awarded Ziesmer a total of $570,000 in actual damages and $350,000 in exemplary damages. On appeal, appellants contend that: (1) Ziesmer's claims were barred by a summary judgment favoring their employer, Harris County, on substantially the same claims; (2) the evidence is legally and factually insufficient to support the jury's finding of liability; (3) the evidence conclusively establishes absolute privilege and release; (4) the evidence is legally and factually insufficient to support the jury's award of actual damages; and (5) the actual and exemplary damages found by the jury were excessive. We affirm.
I. Background
Ronald Ziesmer worked as an arson investigator for the Harris County Fire Marshal's Office. Appellant Pruitt was the Harris County Fire Marshal at the time, and appellant Anders was the Chief Arson Investigator. In February 1997, Ziesmer investigated a fire in a mobile home in Atascocita. According to the appellants, Pruitt and Anders considered the investigation and the resulting report to be inadequate and ordered Ziesmer to write a better report. According to Ziesmer, the appellants pressured him to alter his report in order to support the tenant in a dispute with the landlord over the cause of the fire. Although Ziesmer filed an amended report, he refused to change his determination as to the cause of the fire. His employment was subsequently terminated.
On March 20, 1997, as part of the job application process with the Harris County Sheriff's Department, Ziesmer executed a Personal Inquiry Waiver Authority for Release of Information. After receiving the waiver, Sheriff's Deputy William Waller sent an "Employment Information" form to the Fire Marshal's Office inquiring about Ziesmer's job performance. Anders completed the form. In his answers, Anders characterized Ziesmer's attendance record as poor and his work performance as unsatisfactory. He further stated that Ziesmer did not accept supervision, got along with others "some what ", and caused problems by "undermining supervision to causing low morale and disruption of team effort." Anders also indicated that Ziesmer was not honest and trustworthy and was not eligible for rehire. Deputy Waller testified that he also spoke to Anders in person, and Anders reiterated that Ziesmer was a poor performer and had poor attendance.
Ziesmer also sought a job with the Friendswood Fire Marshal's Office. Terry Byrd, the Friendswood Fire Marshal, testified that, in May 1997, Pruitt, who was Byrd's uncle, told him essentially that Ziesmer had no business being in law enforcement, was unfit to be a law officer, and was incompetent and unqualified. Byrd further stated that in a second conversation, Pruitt repeated these criticisms. Byrd also said that Pruitt claimed to have additional information about Ziesmer, but he refused to reveal it over the telephone. Leslie Deen testified that she overheard Pruitt telling Byrd that Ziesmer wrote a sloppy report, was incompetent and a lousy investigator, and should never have been in law enforcement. Approximately five to six weeks later, Byrd offered Ziesmer an unpaid position with the Friendswood Fire Marshal's Office. In December 1998, Ziesmer became a paid Assistant Fire Marshal in Friendswood.
Ziesmer filed suit against Pruitt, Anders, Harris County, and the Harris County Fire Marshal's Office, alleging wrongful termination, defamation, tortious interference with business relations, intentional infliction of emotional distress, and conspiracy. The defendants filed
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