Austin v. HealthTrust, Inc.

967 S.W.2d 400 (1998)

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Austin v. HealthTrust, Inc.

Texas Supreme Court
967 S.W.2d 400 (1998)

Facts

Lynda Gail Austin (plaintiff) was employed as a nurse at Gulf Coast Medical Hospital for 15 years. In July 1992, she observed that another nurse was under the influence of drugs and learned that the nurse had been distributing prescription medication to patients without physician authorization. Austin reported this to her supervisor, Patrick Lilley, and Lilley told her to keep it quiet. Lilley then began scrutinizing Austin and ultimately fired her. Austin sued HealthTrust, Inc. (defendant) and related entities (HealthTrust), alleging that she was discharged in retaliation for reporting the nurse’s illegal and dangerous conduct. The trial court entered summary judgment for HealthTrust, and the court of appeals affirmed, holding that there was no common-law cause of action for retaliatory discharge for employees who reported illegal conduct in the workplace. Austin appealed, arguing that the court should adopt a narrow whistleblower cause of action for employees who were terminated after reporting activity that would have a probable adverse effect on the public.

Rule of Law

Issue

Holding and Reasoning (Owen, J.)

Concurrence (Gonzalez, J.)

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