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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

Jul 20, 1978

Claim of Prepscius v. Bow Walsh Associate

The case involves an appeal from a Workers' Compensation Board decision awarding death benefits. The decedent died in an automobile accident during employment. The Board found a causally related death, supported by a pathologist's testimony of traumatic asphyxia and the presumption of Workers’ Compensation Law section 21. Appellants (employer and insurance carrier) contended a lack of substantial evidence and death by epileptic seizure. The court affirmed the Board's decision, finding it supported by substantial evidence and dismissing contentions regarding record development.

death benefits awardautomobile accidenttraumatic asphyxiaepileptic seizure claimcausal relationshipWorkers' Compensation Law Section 21pathologist testimonysubstantial evidence reviewAppellate Divisionunwitnessed accident

References

Case No. 06-10-00100-CR

Regular Panel Decision

Oct 19, 2011

in the Interest of D. M. H. and K. M. H., Minor Children

David Len Moulton appealed his murder conviction for the death of his wife, Rebecca Moulton. The primary issue was the trial court's erroneous jury instruction, which included an "asphyxiation by manner and means unknown" allegation alongside manual strangulation and drowning. The medical examiner could not conclusively determine the exact cause of asphyxia, though several options were identified through evidence. The appellate court found that the erroneous instruction, coupled with the prosecutor's arguments, caused harm to Moulton. The judgment was reversed, and the case was remanded for further proceedings.

Murder convictionCriminal appealJury charge errorAsphyxiationManner and means unknownStrangulationDrowningSuffocationDomestic violenceMedical examiner testimony

References

Case No. 14-10-00200-CR

Regular Panel Decision

Oct 11, 2011

Daniel James Gray v. State

The case involves the appeal of Daniel James Gray's capital murder conviction for the death of a four-year-old child, K.J. The court of appeals affirmed the conviction, rejecting arguments regarding the sufficiency of evidence, the corroboration of accomplice witness testimony (Barbara Bawarsky), and jury charge errors concerning the law of parties and conspiracy. Medical evidence indicated K.J.'s death was caused by blunt head trauma, asphyxia, and chronic child abuse. The opinion details the appellant's and Bawarsky's history of abusing K.J. and the events leading to his death.

Capital MurderChild AbuseSufficiency of EvidenceAccomplice TestimonyMotion to SuppressFifth AmendmentSixth AmendmentJury Charge ErrorCriminal ConspiracyUnlawful Restraint

References

Case No. 2017 NY Slip Op 06979

Regular Panel Decision

Oct 05, 2017

Gillern v. Mahoney

This case involves the estate of John J. Gillern, Jr., who died from alcohol intoxication and positional asphyxia after an unsanctioned holiday party. Decedent, an employee of Memorial Sloane Kettering (MSK), became intoxicated, and coworkers helped him into his wife's car. The plaintiff, his wife and an MSK nurse, drove him home, where he later died in the car. The Supreme Court denied MSK's motion to dismiss claims of negligence and wrongful death. The Appellate Division reversed, granting MSK's motion and dismissing the complaint. The court found that MSK employees did not assume a duty by assisting the decedent, nor did their actions place him in greater danger. Furthermore, placing the decedent in the car was not the proximate cause of his death.

NegligenceWrongful DeathSummary JudgmentDuty of CareProximate CauseAlcohol IntoxicationPositional AsphyxiaEmployer LiabilityOff-Duty ConductHoliday Party

References

Case No. MISSING

Regular Panel Decision

Mar 03, 2016

Surratt v. McClaran

Linda Surratt, as heir and legal representative of Lesa Ann Surratt's estate, sued the City of Sherman, Brian McClaran, and John Doe officers after Lesa Ann died from asphyxia following officers' use of force to prevent her from swallowing drugs during a traffic stop. Plaintiff alleged violations of civil rights (excessive force, unreasonable search, due process, conspiracy) and state law claims (wrongful death, assault/battery, breach of fiduciary duty). The court granted the defendants' motion for summary judgment, finding the officers were entitled to qualified immunity because their conduct, though later clarified as objectively unreasonable for future guidance, did not violate clearly established law at the time of the incident. All other claims, including municipal liability, supervisory liability, conspiracy, and state law claims, were also dismissed. This decision provides guidance that force affecting an arrestee's breathing to retrieve concealed items is only constitutional if sufficient time is given for voluntary release and force is administered with maximum control and precision.

Excessive ForceQualified ImmunitySummary JudgmentFourth AmendmentCivil Rights ViolationPolice MisconductWrongful DeathArrestee RightsDrug ConcealmentAsphyxia

References

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Claim of Prepscius v. Bow Walsh Associate

in the Interest of D. M. H. and K. M. H., Minor Children

Murder convictionCriminal appealJury charge errorAsphyxiationManner and means unknownStrangulationDrowningSuffocationDomestic violenceMedical examiner testimony

Daniel James Gray v. State

Capital MurderChild AbuseSufficiency of EvidenceAccomplice TestimonyMotion to SuppressFifth AmendmentSixth AmendmentJury Charge ErrorCriminal ConspiracyUnlawful Restraint

Gillern v. Mahoney

NegligenceWrongful DeathSummary JudgmentDuty of CareProximate CauseAlcohol IntoxicationPositional AsphyxiaEmployer LiabilityOff-Duty ConductHoliday Party

Surratt v. McClaran

Excessive ForceQualified ImmunitySummary JudgmentFourth AmendmentCivil Rights ViolationPolice MisconductWrongful DeathArrestee RightsDrug ConcealmentAsphyxia