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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

Pyle v. Beverly Enterprises-Texas, Inc.

Hollye Pyle sued her employer, Beverly Enterprises-Texas, Inc. (Beverly), for negligence, intentional infliction of emotional distress, and breach of duty of good faith and fair dealing following a workplace injury. Beverly, a nonsubscribing employer under the Texas Workers’ Compensation Act, operated an ERISA-governed employee benefit plan that required employees to sign a waiver to receive benefits. Beverly removed the case to federal court, asserting ERISA preemption. The court denied Pyle's motion to remand, distinguishing between the claims. It held that while the negligence claim was not preempted, the intentional infliction of emotional distress and breach of duty of good faith and fair dealing claims directly related to the ERISA plan's administration and were therefore preempted. The court further indicated its intent to potentially grant summary judgment on the preempted claims and remand the remaining negligence claim to state court.

ERISA preemptionWorkers' CompensationNegligence ClaimIntentional Infliction of Emotional DistressBreach of Duty of Good Faith and Fair DealingEmployee Benefit PlanNonsubscribing EmployerMotion to RemandSubject Matter JurisdictionFederal Question Jurisdiction
References
18
Case No. ADJ824062 (VNO 0395359) ADJ1729914 (VNO 0452072) ADJ385264 (VNO 0548716) ADJ4506449 (VNO 0548713)
Regular
May 11, 2016

SHARON SPRAGUE vs. BEVERLY FABRICS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, SUPERIOR NATIONAL INSURANCE COMPANY, MIKASA, SOMPO JAPAN INSURANCE COMPANY OF AMERICA

This case involves multiple injury claims for Sharon Sprague against Beverly Fabrics and Mikasa, primarily concerning back, hip, and fibromyalgia injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address disputes over permanent disability ratings and apportionment of injuries. The WCAB rescinded prior findings, finding insufficient evidence for permanent total disability and the exact causation of fibromyalgia. The matter is remanded for further proceedings to develop the record on fibromyalgia causation, permanent disability, and apportionment.

CIGASompo JapanReconsiderationJoint Findings Award OrdersPermanent DisabilityApportionmentFibromyalgiaScapula/Rhomboid StrainBilateral KneesAgreed Medical Evaluator
References
0
Case No. 10-91-048-CV
Regular Panel Decision
Apr 22, 1992

Beverly Enterprises of Texas, Inc. v. Gwen Leath

Gwen Leath, a food-service employee, sued Beverly Enterprises of Texas, Inc. for ordinary negligence and gross negligence after falling in a wet hallway at work and sustaining injuries. Beverly, which did not carry workers' compensation insurance, was found liable by a jury, which awarded Leath $158,366.16 in actual damages and $500,000 in punitive damages. Beverly appealed the judgment, raising issues including ERISA preemption, sufficiency of evidence for gross negligence and future medical expenses, bifurcation of trial, and excessive punitive damages. The Tenth Court of Appeals affirmed the lower court's judgment, finding sufficient evidence to support the jury's findings and no abuse of discretion by the trial court regarding the conduct of the trial or the punitive damages award.

NegligenceGross NegligencePunitive DamagesWorkers' CompensationERISA PreemptionEvidence SufficiencyMedical ExpensesBifurcated TrialNet Worth EvidenceAppellate Review
References
21
Case No. 01-09-00813-CV; 01-11-00688-CV; & 01-11-00689-CV
Regular Panel Decision
Mar 29, 2012

Essex Crane Rental Corp. and Vincent A. Morano v. Kenneth Beverly

Appellants Essex Crane Rental Corp. and Vincent A. Morano appealed trial court judgments favoring appellees Eric G. Carter, David W. Farley, and Kenneth Beverly, alongside an order granting Beverly’s motion to quiet title. Essex alleged the appellees conspired to fraudulently transfer assets to evade its judgments against Coastal Terminal Operators, Inc. and James W. McPherson, Sr. The court found sufficient evidence to raise fact issues regarding the conspiracy claims against all three appellees, concluding that attorney immunity did not shield fraudulent acts. Additionally, the court ruled that Beverly's objections to summary judgment evidence were untimely and his motion to quiet title was erroneously granted. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Fraudulent TransferCivil ConspiracyAttorney ImmunitySummary JudgmentQuiet TitleJudgment LienCreditor's RightsAppellate ReviewReversal and RemandTexas Uniform Fraudulent Transfer Act
References
42
Case No. 13-07-00536-CV
Regular Panel Decision
Apr 15, 2010

Diego Rodriguez-Escobar, M.D. v. Michael Allen Goss, Steven Lynn Goss, and Timothy Lee Goss, Individually and as Representatives of the Estate of Beverly Goss

This medical malpractice case involves an appeal against Dr. Diego Rodriguez-Escobar, M.D., concerning the suicide of Beverly Goss. Dr. Escobar, a psychiatrist at Rio Grande State Center, evaluated Beverly for involuntary commitment despite her history of suicide attempts and family concerns, but discharged her assuming family supervision which was not available. Beverly committed suicide five days post-discharge. The Court of Appeals affirmed the judgment, finding Dr. Escobar's negligent evaluation and discharge a substantial cause of death. The court further ruled that official immunity did not apply, categorizing his actions as medical, not governmental, discretion.

Medical MalpracticeSuicidePsychiatric EvaluationInvoluntary CommitmentOfficial ImmunityCause in FactForeseeabilityMental Health LawDepressionStandard of Care
References
22
Case No. MISSING
Regular Panel Decision
Jan 16, 1996

AGIP Petroleum Co. v. Gulf Island Fabrication, Inc.

This case involves a dispute over insurance coverage and subrogation rights following damages to a drilling/production platform jacket. Plaintiffs, Underwriters of AGIP Petroleum Co., Inc., sought to recover over $15,000,000 in damages from Defendant Gulf Island Fabrication, Inc., alleging negligence and breach of warranty related to the jacket's fabrication. Gulf Island countered that it was an "other assured" under AGIP's builder's risk policy, which included a waiver of subrogation rights against all assureds. The court, applying American federal maritime and Texas law, determined that Gulf Island was an "other assured" under the policy and that the Underwriters had waived their right to subrogation. Consequently, Gulf Island's motion for summary judgment was granted, and Underwriters' cross-motion for partial summary judgment was denied.

Summary JudgmentAdmiralty LawMarine InsuranceSubrogationAdditional AssuredWaiver of SubrogationContract InterpretationChoice of LawTexas LawFederal Maritime Law
References
64
Case No. 03-96-00415-CV
Regular Panel Decision
Aug 28, 1997

Workers' Compensation Division, Office of the Attorney General of Texas v. Beverly De La Zerda and Rudy De La Zerda

The Workers' Compensation Division, Office of the Attorney General of Texas, appealed a judgment concerning a personal injury suit. Appellee Beverly de la Zerda, a state employee, and Rudy de la Zerda, sued Americlean Concepts after Beverly sustained injuries at work. Following a settlement between the de la Zerdas and Americlean, the trial court issued a final take-nothing judgment. Subsequently, the de la Zerdas moved to allocate the settlement proceeds, a proposal objected to by the Division, which asserted its subrogation interest. The appellate court dismissed the appeal for lack of jurisdiction, ruling that the Division's petition to intervene was untimely as the original final judgment had not been set aside.

Workers' CompensationPersonal InjuryJurisdictionInterventionFinal JudgmentSettlement AllocationSubrogationAppellate ProcedureTimelinessLien
References
6
Case No. MISSING
Regular Panel Decision

Marshel v. AFW Fabric Corp.

Defendants moved to dismiss plaintiffs' consolidated amended complaint, alleging violations of federal securities laws related to a tender offer and merger aimed at returning Concord Fabrics, Inc. to private ownership. The court, referring to prior decisions and Supreme Court precedent like Santa Fe Indus., Inc. v. Green and Ernst & Ernst v. Hochfelder, determined that the fraud allegations were not cognizable under federal securities laws (Sections 10(b), Rule 10b-5, 13, and 14 of the Exchange Act). This was due to the absence of material misrepresentations or non-disclosures and the availability of state appraisal remedies. Consequently, the federal claims were deemed legally insufficient, leading the court to decline jurisdiction over any pendent state law claims. The defendants' motion to dismiss was therefore granted.

Federal Securities LawCorporate MergerTender OfferFraud AllegationsRule 10b-5Section 10(b) Securities Exchange ActState Appraisal RemedySubject Matter JurisdictionMotion to DismissGoing Private Transaction
References
10
Case No. MISSING
Regular Panel Decision

Cherokee Steel Fabricators, Inc. v. Khoury

The case involves Relator Cherokee Steel Fabricators, Inc. seeking a mandamus to vacate a trial court's order compelling discovery of documents related to a fatal accident. Three types of documents were at issue: an adjustor's report, a consulting engineer's report, and witness statements. Cherokee claimed these documents were privileged under Texas Rules of Civil Procedure 166b(3)(b), (c), and (d), arguing they were prepared in anticipation of litigation. The court found that witness statements were explicitly exempt from discovery. It further determined that the adjustor's report and the consulting engineer's report were privileged, as there was good cause to believe a lawsuit would be filed against Cherokee given the severe consequences and the unusual nature of the investigation. The court conditionally granted the mandamus, ordering the respondent to vacate the discovery order.

Discovery DisputeMandamus ProceedingWork Product DoctrineAttorney-Client PrivilegeAnticipation of LitigationAccident InvestigationInsurance ClaimsTexas Civil ProcedurePrivilege ClaimWitness Statements
References
4
Case No. NO. 2-04-040-CV
Regular Panel Decision
May 26, 2005

Melchor Galindo v. Imperial Group, L.P. A/K/A Transportation Technologies Industries, Imperial Fabricating, Inc. and Imperial Fabrication

Appellant Melchor Galindo filed a wrongful termination suit against Appellees Imperial Group, L.P. after being laid off following a work-related back injury and subsequent return to work with restrictions. Imperial filed a motion for summary judgment, which Galindo's counsel failed to timely respond to due to a calendaring error and staff turnover. The trial court denied Galindo's oral motion for leave to file a late response and granted Imperial's motion for summary judgment. On appeal, the Court of Appeals for the Second District of Texas reversed and remanded the case, holding that the trial court abused its discretion by denying leave, as Galindo demonstrated good cause for the late filing (clerical error, not conscious indifference) and no undue prejudice to Imperial would have resulted from a short delay.

Wrongful TerminationSummary JudgmentAbuse of DiscretionLate ResponseGood CauseUndue PrejudiceClerical ErrorMiscalendaringAppellate ReviewProcedural Error
References
8
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