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Foye v. Montes12/16/1999
Lynette Montes, appellee, sued James R. Foye and Elite Business Systems (EBS), appellants, claiming that Foye made sexual advances toward her and sexually harassed her while she was an employee. Montes asserted claims of intentional infliction of emotional distress and assault. The case was tried without a jury before the court. The trial court entered judgment against Foye in the amount of $30,000.00. Foye appeals this judgment in three points of error, challenging the legal sufficiency of the evidence to uphold the verdict. We affirm.
STANDARD OF REVIEW
In reviewing a challenge to the legal sufficiency of the evidence, a reviewing court must consider only the evidence and reasonable inferences therefrom, which, when viewed in the most favorable light, support the findings of the fact finder (in this case the trial judge). See Southwestern Bell Mobile Sys., Inc. v. Franco, 971 S.W.2d 52, 54 (Tex. 1998); Harris County Dist. Attorney's Office, M.G.G., 866 S.W.2d 796, 797 (Tex. App.--Houston [14 th Dist.] 1993, no writ); Ben Fitzgerald Realty. Co. v. Muller, 846 S.W.2d 110, 119 (Tex. App.--Tyler 1993, writ denied). We must disregards all evidence and inferences which are contrary to the findings. See id. If the evidence is legally sufficient when viewed in this light, then we may not reverse the trial court's judgment. See Franco, 971 S.W.2d at 54; M.G.G., 866 S.W.2d at 798.
FACTUAL BACKGROUND
The following facts were adduced at trial. Foye, the proprietor of EBS, hired Montes in late July of 1996 to be an office manager and his personal assistant. During the first week of employment, Foye invited Montes to a "welcome aboard" lunch. Montes testified that Foye asked a couple of questions she thought were strange, such as "What do you think of me as a man?" He also indicated he worked out at a gym and was concerned about how he looked. Montes testified that she felt Foye was "coming on to her" and that the conversation made her uncomfortable. Montes stated that Foye continually asked her to lunch while she was employed at EBS and that she turned him down about "half of the time." During these lunches, Montes complained that Foye asked her questions regarding her personal life, including whether she was "happily married." According to Montes, Foye often called her at home. During one call, he allegedly asked her out to a movie or out for a drink. During another call, Montes testified that Foye asked her if she slept with a bra on. Montes said that the calls were upsetting to her husband. As a result, Montes asked Foye to stop calling her at home. She testified that she went into Foye's office on several occasions and asked him to stop calling her and informed him that she did not want to have a personal relationship with him. Montes said that she threatened to quit or to file a sexual harassment claim against him if he did not change his behavior.
Other incidents that Montes complained about included Foye's recommendation of two movies to her. One was The Bounty and the other was Like Water for Chocolate. According to Montes, watching the latter movie caused her severe emotional distress because it depicted sex and nudity. Also, on a couple of occasions, Foye asked Montes to put gas in his car. She testified there were "lover notes" left in the car for her to see. One such note said something like "you drive me crazy," and another had the word "sex" or "sexual" in it. Montes testified that Foye asked her not to wear lipstick because he "didn't like the taste" of it. On another occasion, Montes claimed Foye said she had a "heart-shaped ass."
In August of 1996, Foye had Montes come into his office to help him with programing his phone.
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