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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

DelRossi v. V

This case addresses an application by Bernadette DelRossi, as administratrix of her deceased husband John E. DelRossi's estate, for court approval of a wrongful death settlement and a declaration regarding a lien asserted by Aetna/U.S. Healthcare. John E. DelRossi died due to alleged medical malpractice, leading to a wrongful death action that settled for $825,000. Aetna/U.S. Healthcare (Aetna/Rawlings), an ERISA plan administrator, sought reimbursement for medical benefits paid to the decedent from these proceeds. The court ruled that Aetna/Rawlings' lien was invalid against the wrongful death settlement, as such proceeds do not form part of the decedent's estate and the administratrix, in this capacity, is not considered a plan member. The court granted all aspects of the plaintiff's application, including approving the settlement, counsel fees, the proposed distribution plan to the six distributees, and dispensing with the requirement for the administratrix to post a bond.

Wrongful DeathMedical MalpracticeERISA PreemptionSettlement DistributionLien InvalidityEstate AdministrationPecuniary LossInfant DistributeesJudicial DiscretionStatutory Interpretation
References
31
Case No. NO. 01-23-00582-CV
Regular Panel Decision
Jul 15, 2025

Kimberly Gantt, as Independent Administratrix of the Estate of Amier Gantt v. Harris County

Kimberly Gantt, representing the estate of her deceased husband, Amier Gantt, appeals a summary judgment in an employment discrimination suit against Harris County. Amier, an African-American IT specialist, was terminated after a physical altercation with a White co-worker and subsequently filed a TCHRA race discrimination claim. The trial court granted summary judgment for Harris County, citing statute of limitations and untimely filing. The Court of Appeals affirmed, finding Amier failed to provide evidence supporting a prima facie case of discrimination, specifically that he and his co-worker were "similarly situated" regarding disciplinary records.

Employment DiscriminationRace DiscriminationSummary JudgmentStatute of LimitationsTexas Commission on Human Rights Act (TCHRA)Similarly Situated EmployeeDisparate DisciplinePrima Facie CaseMcDonnell Douglas FrameworkBurden-Shifting
References
24
Case No. 01-99-01345-CV; Trial Court Cause No. 95CV0220
Regular Panel Decision
May 31, 2002

Coastal Tankship, U.S.A., Inc. v. Florence Anderson, Administratrix of the Estate of Morris Anderson

This en banc opinion addresses a personal injury suit under the Jones Act and general maritime law, where Florence Anderson sued Coastal Tankships, U.S.A., Inc. for her deceased husband Morris Anderson's bronchiolitis obliterans organizing pneumonia (BOOP), allegedly caused by naphtha exposure. The primary issue on appeal was whether the trial court abused its discretion in allowing Anderson's medical expert, Dr. David Miller, to testify on medical causation. The court found that Dr. Miller's differential diagnosis could only reliably establish specific causation, not general causation (i.e., whether naphtha can generally cause BOOP). As the record lacked reliable general-causation evidence, the appellate court concluded there was insufficient evidence to support the jury's verdict. Consequently, the judgment of the trial court was reversed, and judgment was rendered in favor of Coastal Tankships, U.S.A., Inc.

Jones ActMaritime LawNegligenceUnseaworthinessMedical CausationExpert TestimonyDifferential DiagnosisDaubert StandardToxic TortBronchiolitis Obliterans Organizing Pneumonia (BOOP)
References
51
Case No. MISSING
Regular Panel Decision

Lombardi v. City of New York

The administratrix of Albert Lombardi's estate sought recovery from the City of New York for her deceased husband's earned, unused, and unpaid terminal leave, annual leave, and overtime service. Both parties moved for summary judgment. The court denied the claim for unused annual leave, finding no agreement authorizing cash payments for it. However, the court granted the claim for overtime compensation earned on and after January 1, 1971, based on a comptroller's determination explicitly providing for cash payment. Additionally, the court granted the claim for terminal leave allowance, deeming it an earned benefit payable in cash. The case will proceed to an assessment of damages.

Summary judgmentTerminal leaveAnnual leaveOvertime compensationPublic employeesCollective bargaining agreementEstate claimCity of New YorkComptroller's determinationWages
References
21
Case No. 03-94-00449-CV
Regular Panel Decision
Jun 12, 1996

Owens-Corning Fiberglas Corporation v. Delvina P. Stone, Individually and as Special Administratrix of Robert L. Stone

Robert L. Stone, a former Navy serviceman, died from mesothelioma, allegedly due to exposure to Kaylo, an asbestos-containing product manufactured by Owens-Corning Fiberglas Corporation. His wife, Delvina P. Stone, sued Owens-Corning for marketing defects, winning over $1.2 million. Owens-Corning appealed the judgment, challenging the admission of rebuttal testimony, causation, and exclusion of defense witness testimony. The Texas Court of Appeals, Third District, affirmed the trial court's judgment, finding sufficient evidence for causation and no abuse of discretion in the evidentiary rulings.

Asbestos ExposureMesotheliomaProduct LiabilityMarketing DefectCausationEvidentiary ErrorRebuttal TestimonyCross-ExaminationSufficiency of EvidenceJury Verdict
References
39
Case No. MISSING
Regular Panel Decision

Estupinan v. Cleanerama Drive-In Cleaners, Inc.

The plaintiff, administratrix of Francisco Estupinan's estate, sued Cleanerama Drive-In Cleaners, Inc. and John Bellasario for damages after Bellasario, a fellow employee, assaulted and killed Estupinan. Cleanerama moved to dismiss, arguing the action was barred by the Workmen's Compensation Law, as an award had already been made. The court clarified that the exclusive remedy rule applies unless the employer actively instigated the assault, not merely through respondeat superior. Finding no evidence of Cleanerama's willfulness, the appellate court reversed the order denying dismissal and granted Cleanerama's motion to dismiss the complaint against it.

Employer LiabilityWorkers' Compensation ExclusivityAssault in EmploymentRespondeat SuperiorIntentional Tort ExceptionMotion to DismissAppellate Court DecisionScope of EmploymentEmployer NegligenceWillful Act
References
6
Case No. MISSING
Regular Panel Decision

In re the Estate of Muccini

The Surrogate's Court considered a petition to compromise a wrongful death action and settle the administratrix's account. The decedent, a construction foreman, was fatally injured in 1980, survived by his spouse and four sons. A structured settlement was reached with multiple defendants for a court-determined present value of $1,246,578. The court approved the settlement but modified the distribution of proceeds to align with the Kaiser formula and addressed attorneys' fees. It ruled that attorneys' fees should be paid proportionally with the structured settlement receipts, rather than a large upfront sum, to protect the distributees' interests, especially the minor children, and directed proper handling of funds for infant distributees.

Wrongful DeathStructured SettlementAttorneys' FeesInfant DistributeesEstate AdministrationKaiser FormulaSurrogate's CourtGuardian ad litemPresent ValueSettlement Distribution
References
8
Case No. MISSING
Regular Panel Decision

Bristol Telephone Co. v. Weaver

A lineman, Edward E. Goodwin, employed by Bristol Telephone Company, was electrocuted on February 7, 1920, while installing a telephone line in Bristol, Tennessee, when an old wire contacted a defectively insulated high-voltage line of Bristol Gas & Electric Company. Lula B. Weaver, administratrix of Goodwin's estate, sued both companies for negligence. The claim against Bristol Telephone Company was abated under the Workmen's Compensation Act, leaving Bristol Gas & Electric Company as the sole defendant. A jury awarded the plaintiff $9,000, a verdict affirmed by the court of civil appeals. However, this court reversed the judgment and remanded for a new trial due to an erroneous jury instruction regarding a city ordinance, as there was no evidence the accident occurred within city limits.

ElectrocutionLineman InjuryNegligenceDefective InsulationWorkmen's Compensation ActJoint TortfeasorsContributory NegligenceAssumption of RiskJury Instruction ErrorCity Ordinance
References
13
Case No. MISSING
Regular Panel Decision

Travelers Insurance Co. v. Wing

Maurice Wing suffered a work-related injury in 1976 and filed a worker's compensation claim. He died in June 1977 from unrelated causes. Subsequently, his attorney and Travelers Insurance Company reached an oral settlement for 20% disability, which Travelers later repudiated, arguing the claim extinguished upon Wing's death. Gladys Wing, as Administratrix of Maurice Wing's estate, revived the action. The trial court found the settlement binding, but the Supreme Court reversed, holding that worker's compensation benefits do not survive to a personal representative when the employee's death is unrelated to the occupational injury, thus the settlement lacked consideration.

Survival of ActionSettlement Agreement EnforcementDeath Unrelated to Employment InjuryPersonal Representative RightsAdministratrix RoleDisability Benefits TerminationAccrued Benefits DisputeRepudiation of Oral SettlementAppellate Court ReviewTennessee Civil Procedure Rule 25
References
5
Case No. MISSING
Regular Panel Decision

Strehle v. United States

Seaman Richard Frances Meyer died on a United States Navy vessel due to entrapment in ropes from a malfunctioning winch. His administratrix, Loretta Strehle, sued the United States under the Public Vessels Act, Jones Act, and Death on the High Seas Act, alleging negligence and unseaworthiness. The court found the United States liable, citing the uncorrected defects in the winches and their "deadman" safety feature. The court rejected the claim of Meyer's contributory negligence. Plaintiff was awarded $28,600 for loss of income to Meyer’s dependents (his four sisters) and $50,000 for Meyer's pain and suffering prior to death, totaling $78,600.

Admiralty LawJones ActDeath on the High Seas ActPublic Vessels ActMaritime NegligenceVessel UnseaworthinessWrongful DeathPain and SufferingLoss of SupportComparative Negligence
References
13
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