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

Case No. 04-13-00069-CV
Regular Panel Decision
Feb 19, 2014

Tarrant County Democratic Party, Steve Maxwell, in His Official Capacity as Chair of the Tarrant County Democratic Party, Texas Democratic Party And Gilberto Hinojosa, in His Official Capacity as Chair of the Texas Democratic Party v. John Steen, in His Official Capacity as Secretary of State of Texas

This appeal concerns the reimbursement of attorney's fees incurred by the Tarrant County Democratic Party (TCDP), Texas Democratic Party (TDP), and their chairs (Appellants) from the Texas Secretary of State (Appellee). The fees were for defending an election contest lawsuit (the Brimer suit) challenging Wendy Davis’s eligibility as a Democratic candidate for State Senate District 10. The Secretary of State denied reimbursement, arguing the fees were unrelated to the primary election. The appellate court held that Election Code section 173.086(a) waives sovereign immunity and that the Brimer suit fees were

Election LawAttorney's FeesSovereign ImmunityStatutory InterpretationPrimary ElectionElection ContestTexas Election CodeReimbursement ClaimDeclaratory Judgment ActAppellate Procedure
References
33
Case No. 2018 NY Slip Op 06248 [164 AD3d 1458]
Regular Panel Decision
Sep 26, 2018

Neve v. City of New York

Plaintiff Anthony Neve, a New York City Sanitation worker, was allegedly injured when the seat of a street sweeper he operated collapsed. He sued the City of New York for negligence. The City initiated third-party actions against Johnston Sweeper Company (manufacturer) and Seats, Inc. (seat manufacturer). Following the City's disposal of the sweeper, the plaintiff was granted an adverse inference charge for spoliation of evidence. Both the plaintiff and Johnston Sweeper Company moved for summary judgment, which the Supreme Court denied. The Appellate Division affirmed the Supreme Court's order, clarifying that the adverse inference charge did not eliminate the plaintiff's burden to prove all elements of his negligence claim, including the defect's existence and causation.

spoliation of evidencesummary judgmentadverse inferencenegligencepersonal injurythird-party actionproduct liabilityappellate reviewmunicipal liabilitysanitation worker
References
4
Case No. 2018 NY Slip Op 07114 [165 AD3d 1090]
Regular Panel Decision
Oct 24, 2018

McDonnell v. Sandaro Realty, Inc.

Matthew McDonnell was injured in a construction accident when a scaffold plank broke. He and his wife sued Sandaro Realty, Inc. (owner) and E.W. Howell Co., LLC (general contractor) for negligence and Labor Law violations. Howell then initiated a third-party action against subcontractors Bay Structures, Inc. (McDonnell's employer) and J&R Brick Masonry, Inc. (scaffold owner). The Supreme Court's order dated May 26, 2015, was appealed and cross-appealed by multiple parties regarding summary judgment motions on various claims including Labor Law violations, common-law negligence, spoliation of evidence, contractual indemnification, common-law indemnification, and breach of contract to procure insurance. The Appellate Division modified the Supreme Court's order by granting summary judgment to plaintiffs on the Labor Law § 240 (1) claim against Sandaro, granting Bay Structures summary judgment on common-law indemnification and contribution, denying J&R Brick Masonry's motion for summary judgment, denying several conditional summary judgment motions for indemnification by Sandaro and Howell, and modifying the spoliation sanction against Howell to an adverse inference charge instead of striking pleadings.

Personal InjuryConstruction AccidentScaffold FallLabor Law ViolationsSummary JudgmentSpoliation of EvidenceIndemnificationContractual IndemnificationCommon-Law IndemnificationBreach of Contract
References
34
Case No. 2024 NY Slip Op 04519
Regular Panel Decision
Sep 24, 2024

Hernandez v. Opera Owners, Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying third-party defendant Poltech Inc.'s motion to dismiss or stay a third-party action. The court found that common-law claims against Poltech Inc. should be dismissed because the complaint did not allege a 'grave injury' as required by Workers' Compensation Law § 11 (1). Additionally, the remainder of the third-party action against Poltech Inc. was stayed because the contractual claims, asserted by third-party plaintiffs as third-party beneficiaries of a contract involving Poltech, were subject to the contract's Alternative Dispute Resolution (ADR) clause.

Workers' Compensation LawGrave InjuryThird-Party ActionContractual DisputeADR ClauseAppellate ReviewMotion to DismissStay of ProceedingsThird-Party Beneficiary
References
8
Case No. MISSING
Regular Panel Decision

Tarrant County Democratic Party v. Steen

This appeal concerns the reimbursement of attorney's fees for the Tarrant County Democratic Party (TCDP) and the Texas Democratic Party (TDP) from the Texas Secretary of State. The parties incurred fees defending an election contest lawsuit (Brimer suit) challenging Wendy Davis's eligibility for the State Senate. The Secretary of State denied reimbursement, arguing the fees were unrelated to the primary election. The appellate court held that Election Code section 173.086(a) waives sovereign immunity for such a suit and that the Brimer suit fees were 'in connection with' the primary election, given the broad interpretation of the phrase and the nature of the eligibility challenge. The court reversed the trial court's judgment denying reimbursement, rendered judgment for TCDP and TDP to receive their stipulated attorney's fees, and affirmed the remainder of the judgment, including the denial of attorney's fees for the underlying lawsuit due to the Secretary of State's discretionary authority.

Election LawAttorney FeesReimbursementSovereign Immunity WaiverElection ContestCandidate EligibilityStatutory InterpretationAppellate ProcedureDeclaratory JudgmentUltra Vires Doctrine
References
33
Case No. 2021 NY Slip Op 01354
Regular Panel Decision
Mar 09, 2021

Deschaine v. Tricon Constr., LLC

The New York Appellate Division, First Department, affirmed an order which granted motions to renew filed by third-party plaintiffs Dollar Tree Stores, Inc., Michael Boyle, and Tricon Construction, LLC along with C.P. Plaza Limited Partnership. The motions sought to vacate a previous order that had dismissed their third-party claims for contribution and common-law indemnification against AMZ Construction Services, Inc. Upon renewal, these claims were reinstated. The court found that new expert reports submitted by the plaintiff, Robert Deschaine, raised a factual dispute regarding whether he sustained a 'grave injury' as defined by Workers' Compensation Law § 11, specifically brain injuries that rendered him unemployable in any capacity. This issue of fact justified the renewal and reinstatement of the third-party claims.

Appellate PracticeRenewal MotionSummary JudgmentContribution ClaimsIndemnification ClaimsGrave InjuryWorkers' Compensation LawBrain InjuriesUnemployabilityProcedural Law
References
2
Case No. 2022 NY Slip Op 05756 [209 AD3d 495]
Regular Panel Decision
Oct 13, 2022

Lopez v. 157-161 E. 28th St., LLC

This case involves an appeal concerning the dismissal of second third-party claims for breach of contract, unpaid overtime wages, and breach of constructive trust related to a construction project. The Appellate Division affirmed the Supreme Court's decision, determining that New Wave Contracting Corp., a subcontractor, was the direct employer of the individual second third-party plaintiffs, not the general contractors Iceberg Developing Co., LLC and Forkosh Construction Co., Inc. The court also found that signed lien waivers and releases by the individual second third-party plaintiffs validly barred their wage and contract claims, as payment was accepted without objection. Furthermore, constructive trust claims were correctly dismissed due to the lack of contractual privity between the individual second third-party plaintiffs and the general contractors.

Construction ProjectSubcontractor LiabilityWage ClaimsLien LawSummary JudgmentEmployer-Employee RelationshipContractual PrivityRelease WaiverAppellate ReviewThird-Party Claims
References
8
Case No. 2018-11587 (Index No. 20807/15)
Regular Panel Decision
Dec 02, 2020

Broecker v. Conklin Prop., LLC

This case involves an appeal from an order in a fourth-party action concerning negligence and breach of contract. Conklin Property, LLC, a fourth-party plaintiff, sued Total Management Corp. and David Lande (appellants), alleging they failed to procure adequate insurance for a construction project after a worker was injured and died, leading to a disclaimer of coverage by the insurer. The Supreme Court denied the appellants' motion to dismiss the fourth-party complaint and granted Conklin's cross-motion to amend the complaint to include a cause of action for breach of fiduciary duty. The Appellate Division affirmed the lower court's decision, finding that Conklin sufficiently pleaded causes of action for negligence, negligent misrepresentation, and breach of contract. The court also determined that a special relationship existed between Conklin and the appellants, justifying the addition of a breach of fiduciary duty claim. Furthermore, the court found the actions to be within the statute of limitations, accruing on the date of the worker's injury.

NegligenceBreach of ContractInsurance Broker LiabilityNegligent MisrepresentationFiduciary DutyStatute of LimitationsFourth-Party ActionInsurance Coverage DisputeAppellate ReviewMotion to Dismiss
References
12
Case No. 2022 NY Slip Op 02063
Regular Panel Decision
Mar 24, 2022

Hasenzahl v. 44th St. Dev. LLC

The Appellate Division, First Department, considered an appeal concerning a Supreme Court order that granted a motion to sever and stay a second third-party action, and denied a motion for summary judgment. The court found that the Supreme Court providently exercised its discretion in severing and staying the second third-party action, citing that joint tortfeasors are not necessary parties. It further noted that Gateway and Woodworks' subcontracts provided for joint and several liability, allowing for apportionment in a separate proceeding. However, the Appellate Division modified the order by granting Gateway's motion for summary judgment, dismissing the common-law indemnification and contribution claims against it. This dismissal was based on the Workers' Compensation Law § 11, as the plaintiff, Gateway's employer, did not sustain a grave injury.

Appellate PracticeThird-Party ActionsSeverance and StaySummary JudgmentCommon-Law IndemnificationContribution ClaimsWorkers' Compensation LawGrave InjuryJoint and Several LiabilitySubcontractor Agreements
References
5
Case No. MISSING
Regular Panel Decision
Jan 03, 1997

Marte v. St. John's University

This case involves an appeal concerning an interlocutory judgment related to a personal injury action. The defendant third-party plaintiff appealed a jury verdict that favored the third-party defendant on liability. The appellate court examined the principles of indemnification and contribution under Labor Law § 240 (1) and Workers’ Compensation Law § 11, particularly when an owner is found partially at fault. It was determined that the trial court erred by not allowing the apportionment of fault between the third-party plaintiff and the third-party defendant. Consequently, the interlocutory judgment was reversed, and a new trial was granted solely on the issue of proper fault apportionment.

Personal InjuryThird-Party ActionLabor LawWorkers' Compensation LawApportionment of FaultIndemnificationContributionJury VerdictAppellate ReviewInterlocutory Judgment
References
8
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