CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Apr 27, 2012

China Auto Care, LLC v. China Auto Care (Caymans)

Plaintiffs China Auto Care, LLC and China Auto Care Holdings, LLC brought an action against China Auto Care (Caymans), Digisec Corporation, and the estate of Chander Oberoi, alleging various causes of action stemming from the 2011 sale of Digisec's assets. Defendants sought to dismiss the complaint and compel arbitration, citing an arbitration clause in the parties' "Business Relationship and Shareholder Agreement." The court analyzed the scope of the arbitration clause under the Federal Arbitration Act. Finding the clause to be broad, the court concluded that the plaintiffs' claims were within its scope, as they "touch matters" governed by the Shareholder Agreement. Consequently, the court granted the defendants' motion, staying the litigation and compelling arbitration.

ArbitrationShareholder AgreementCorporate DisputeMotion to CompelFederal Arbitration ActSecond Circuit PrecedentFraudulent InducementCorporate GovernanceCayman Islands LawStay of Proceedings
References
25
Case No. 2025 NY Slip Op 03615
Regular Panel Decision
Jun 12, 2025

Breslin v. Access Auto Sales & Serv., LLC

Matthew M. Breslin, a cable technician, was injured after falling from an extension ladder while installing new cable service. He and his wife filed an action alleging violations of Labor Law §§ 240(1), 241(6), 200, and common-law negligence against Access Auto Sales, Spectrum, and National Grid entities. The Supreme Court denied all parties' motions for summary judgment, citing numerous questions of fact. On appeal, the Appellate Division modified the order, granting summary judgment to defendants for claims under Labor Law § 200 and common-law negligence, and dismissing Access Auto's cross-claims for indemnification/contribution, finding no evidence of their negligence or supervisory control. However, the denials of summary judgment for Labor Law §§ 240(1) and 241(6) claims were affirmed, as factual disputes remained regarding the adequacy of safety equipment and the proximate cause of the accident.

Labor Law Section 240(1)Labor Law Section 241(6)Labor Law Section 200Common-law negligenceSummary judgmentLadder accidentElevation-related hazardConstruction workProximate causeIndemnification
References
30
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. 03-15-00064-CV
Regular Panel Decision
Jan 22, 2015

Elite Auto Body LLC, D/B/A Precision Auto Body Rey R. Hernandez Yesica Diaz And David Damian v. Autocraft Body Works, Inc., Now Known as Wasson Road Ventures, Inc. D/B/A Autocraft Bodywerks

The Appellants, Elite Auto Body LLC, Rey R. Hernandez, Yesica Diaz, and David Damian, are appealing a trial court's order that denied their Motion to Dismiss. This motion was filed under the Texas Citizens Participation Act (TCPA) against claims of trade secret misappropriation, unfair competition, and breach of fiduciary duty brought by Appellee Autocraft Bodywerks, Inc. Appellants contend that the trial court erred by narrowly construing the TCPA, failing to recognize that their communications regarding business practices and employee recruitment are protected under rights of association and free speech. They also argue that Autocraft failed to provide sufficient 'clear and specific evidence' to establish a prima facie case for its claims, which is a requirement under the TCPA. Consequently, Appellants are seeking a reversal of the trial court's order, dismissal of Autocraft's claims, and an award for their attorneys' fees and expenses.

Texas Civil Practice and Remedies CodeTexas Citizens Participation ActAnti-SLAPPTrade Secret MisappropriationUnfair CompetitionFiduciary DutyFreedom of AssociationFreedom of SpeechAppellate ProcedureMotion to Dismiss
References
42
Case No. 13-19-00500-CV
Regular Panel Decision
Oct 14, 2021

Texas Auto Salvage, Inc., Gary Hack, and Daniel Hack v. D D Ramirez, Inc., Danny Ramirez Recycling, Inc., San Antonio Auto & Truck Salvage, Danny's Recycling & Precious Metals, LLC, Danny's Recycling, Inc., and Daniel Delagarza Ramirez

Appellants, Texas Auto Salvage, Inc., Gary Hack, and Daniel Hack (TASI), sued appellees, D D Ramirez, Inc., et al. (DDR), over a dispute regarding their neighboring metal recycling facilities in San Antonio. TASI alleged various claims including public and private nuisance, arguing DDR’s facilities were polluted and violated city ordinances, causing harm to TASI’s business and property. After a jury trial, the jury found against TASI on most claims, and the trial court granted DDR’s motion for judgment notwithstanding the verdict (JNOV), issuing a take-nothing judgment. On appeal, TASI challenged the denial of injunctive relief and the JNOV on its public nuisance claim, as well as the exclusion of expert testimony and the factual insufficiency of evidence for its private nuisance claim. The Court of Appeals affirmed the trial court’s judgment, concluding that TASI lacked standing to bring its public and private nuisance claims as it failed to demonstrate a substantial special injury distinct from the public at large.

Public NuisancePrivate NuisanceStandingJudgment Notwithstanding the Verdict (JNOV)Injunctive ReliefMunicipal OrdinancesMetal Recycling FacilitiesEnvironmental RegulationsCode ViolationsBusiness Dispute
References
50
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. MISSING
Regular Panel Decision

Home Life & Accident Co. v. Wade

This case involves an appeal by the Home Life & Accident Company from an award of the Industrial Accident Board in favor of C. Wade. Wade, an an employee of A. C. MacParlane, sustained injuries while loading steel cranes onto a barge in the navigable Sabine River. The central legal question was whether Wade's maritime injury fell under the Texas Workmen’s Compensation Law or the exclusive admiralty jurisdiction of federal courts. The trial court initially awarded compensation to Wade under state law. However, the appellate court, citing various U.S. Supreme Court precedents and an Attorney General's opinion, concluded that maritime injuries are subject to federal admiralty law, thus precluding state workers' compensation jurisdiction. Consequently, the trial court's judgment was reversed, and the appellate court ruled in favor of the Home Life & Accident Company.

Admiralty lawMaritime jurisdictionWorkers' compensationFederal preemptionState lawInjury at workNavigable watersLongshoremanSabine RiverEmployer liability
References
5
Case No. MISSING
Regular Panel Decision
Mar 20, 2000

Curran v. Auto Lab Service Center, Inc.

Michael J. Curran, a deliveryman, was injured in a truck accident and, along with his wife, sued Auto Lab Service Center, Inc., alleging faulty repairs. They attempted to amend their complaint to add D&M Auto Parts Corp., Curran's employer, as a direct defendant, claiming D&M destroyed the damaged truck and thereby impaired their ability to recover from Auto Lab. D&M, a third-party defendant, cross-moved to dismiss the third-party complaint, arguing Curran's injuries did not meet the 'grave injury' threshold under Workers' Compensation Law § 11. The Supreme Court denied both motions. On appeal, the court modified the order: the plaintiffs' motion to amend was properly denied as D&M had no duty to preserve the truck, but D&M's cross-motion to dismiss the third-party complaint should have been granted because Curran did not sustain a 'grave injury' as defined by statute.

Personal InjuryWorkers' CompensationGrave InjurySummary JudgmentAmended ComplaintSpoliation of EvidenceEmployer LiabilityThird-Party ActionAppellate ReviewDuty to Preserve Evidence
References
10
Case No. MISSING
Regular Panel Decision

O'Keefe v. General Accident Insurance

Plaintiff Violet O'Keefe initiated an action against General Accident Insurance Company, alleging disparate treatment and retaliation based on age and sex, violating Title VII, ADEA, and New York Human Rights Law. O'Keefe claimed a discriminatory work environment and unlawful termination following her refusal of a proposed job transfer. The defendant argued O'Keefe's performance was poor and the transfer was a lateral move. The District Court denied the defendant's motion for summary judgment regarding the federal discrimination and retaliation claims, finding a genuine issue of material fact existed as to whether General Accident's reasons for termination were pretextual. However, the Court granted summary judgment for the defendant on the state law claims, declining to exercise pendent jurisdiction.

DiscriminationAge DiscriminationSex DiscriminationTitle VIIADEARetaliationSummary JudgmentEmployment LawPretextPrima Facie Case
References
19
Case No. 13-21-00361-CV
Regular Panel Decision
Oct 12, 2023

Accident Fund General Insurance Company v. Rodrigo Mendiola

Rodrigo Mendiola, a truck driver, suffered severe burns in an accident, leading to an above-the-knee amputation and significant injury to his left hand. His employer's workers' compensation insurer, Accident Fund General Insurance Company, disputed his claim for lifetime income benefits based on the total loss of use of his left hand. The trial court, applying the Travelers Insurance Co. v. Seabolt standard, found sufficient evidence that Mendiola's hand lacked substantial utility, entitling him to benefits. The Court of Appeals affirmed the trial court's judgment, upholding the application of the Seabolt standard and concluding the evidence factually supported the finding of total loss of use.

Workers' CompensationLifetime Income BenefitsTotal Loss of UseBurn InjuriesHand InjuryAmputationMedical EvidenceFactual SufficiencyAppellate ReviewStare Decisis
References
29
Showing 1-10 of 3,962 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational