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

Case No. MISSING
Regular Panel Decision
Jul 25, 2012

Robinson v. Bond Street Levy, LLC

Peter Robinson, a laborer for Virginia Construction & Management, Inc., was injured on December 26, 2007, when he fell from a ladder after being struck by ductwork at a building owned by Bond Street Levy, LLC. He and his wife subsequently commenced an action against Bond Street Levy, LLC, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' motion for summary judgment on the issue of liability. The appellate court affirmed this decision, finding that the plaintiffs successfully established the absence of adequate safety devices and that this violation was a proximate cause of the injuries. The defendant's arguments regarding a triable issue of fact on sole proximate cause and prematurity of the motion were rejected.

Personal InjuryLabor LawWorkplace AccidentLadder FallSummary JudgmentLiabilityProperty OwnerConstruction SiteNondelegable DutyProximate Cause
References
16
Case No. MISSING
Regular Panel Decision

Armadillo Bail Bonds v. State

This case involves an appeal by Jerry Wardlow, doing business as Armadillo Bail Bonds, a surety, against the State of Texas regarding a criminal bail bond forfeiture. The central issue is whether article 22.16(c)(2) of the Texas Code of Criminal Procedure, which delays final judgment against a bond for eighteen months in felony cases, violates the separation of powers doctrine of the Texas Constitution. The trial court had entered a final judgment before the expiration of the eighteen-month period, concluding the statute was unconstitutional. The appellate court affirmed the trial court's decision, agreeing that the legislative imposition of an eighteen-month delay in entering final judgment constitutes an unconstitutional interference with the judiciary's power, which includes the power to enter and execute judgments. The court reasoned that such a delay usurps judicial functions and renders the judicial branch powerless to administer justice without denial or delay.

Bail Bond ForfeitureSeparation of PowersJudicial PowerLegislative InterferenceTexas ConstitutionCode of Criminal ProcedureFinal Judgment DelayAppellate ReviewConstitutional LawJudicial Branch
References
9
Case No. MISSING
Regular Panel Decision

Garcia-Marroquin v. Nueces County Bail Bond Board

Delma J. Garcia-Marroquin, a licensed bondsman, sued the Nueces County Bail Bond Board, alleging inaccurate accounting procedures and challenging the Board's authority to impose a title policy insurance requirement. The trial court issued temporary injunctions but later dissolved them and dismissed the entire suit for lack of jurisdiction, citing Garcia-Marroquin's failure to exhaust administrative remedies. On appeal, the court held that the trial court improperly dismissed the causes of action for damages, injunctive relief (regarding accounting procedures and the insurance requirement), and declaratory judgments, reversing and remanding those issues for further proceedings. However, the appellate court affirmed the dismissal of Garcia-Marroquin's statutory de novo appeal of the Board's decision to suspend her license for failing to maintain title policy insurance, finding that she had failed to exhaust administrative remedies for that specific claim. The court also affirmed the trial court's decision to dissolve the injunctions due to defects in form and overbreadth.

Bail Bond ActAdministrative RemediesJurisdictionInjunctionsDeclaratory JudgmentExhaustion DoctrineStatutory InterpretationTexas LawAppellate ReviewTemporary Injunction
References
44
Case No. MISSING
Regular Panel Decision

Bonded Builders Home Warranty Association of Texas D/B/A Bonded Builders Warranty Group, Daniel Avila, Grisele Edith Arizpe, and AA Builders, LLC v. Patricia Rockoff

Patricia Rockoff purchased a home from AA Builders, LLC, which included a warranty from Bonded Builders Home Warranty Association of Texas (BBWG). After discovering structural defects, Rockoff filed claims against both AA Builders and BBWG, subsequently initiating a lawsuit. Both AA Builders and BBWG moved to compel arbitration based on the warranty's terms, but the trial court denied these motions. On interlocutory appeal, the appellate court reversed, affirming the validity and scope of the arbitration agreement. The court rejected arguments regarding the unconscionability of arbitrator selection and limitations on remedies, but remanded the case for the trial court to determine if the arbitration costs render the agreement substantively unconscionable after an arbitrator is appointed.

Interlocutory AppealArbitrationUnconscionabilityHome WarrantyConstruction DefectsFederal Arbitration ActTexas Deceptive Trade Practices ActContract LawProcedural UnconscionabilitySubstantive Unconscionability
References
54
Case No. 04-24-00386-CV
Regular Panel Decision
Feb 26, 2025

In Re Texas Mutual Insurance Company, Judy Bond, and Allstate County Mutual Insurance v. the State of Texas

Edward Santos filed a lawsuit against Texas Mutual Insurance Company, Judy Bond, and Allstate County Mutual Insurance, alleging liability for his injuries being compensated through workers' compensation benefits, thereby limiting liability under other coverages. Texas Mutual and Bond challenged the trial court's denial of their pleas to the jurisdiction, arguing that the Texas Department of Insurance, Division of Workers' Compensation (the Division) had exclusive jurisdiction over Santos's claims. The Fourth Court of Appeals found that Santos's claims against Texas Mutual and Bond, predicated on the improper investigation, handling, or settlement of his workers' compensation claim, fell within the Division's exclusive jurisdiction, and he failed to exhaust administrative remedies. Consequently, the Court conditionally granted the petition for a writ of mandamus for Texas Mutual and Bond, directing the trial court to dismiss claims against them. However, the Court denied Allstate's petition, as Santos's claims against Allstate involved a liability claim against a non-workers' compensation carrier, which did not abrogate the Division's exclusive jurisdiction by re-litigating the course and scope of employment question.

MandamusWorkers' CompensationExclusive JurisdictionAdministrative RemediesPlea to the JurisdictionInsurance CodeDeceptive Trade Practices ActFraudConspiracyEmployer Liability
References
25
Case No. MISSING
Regular Panel Decision

Bonded Waterproofing Services, Inc. v. Anderson-Bernard Agency, Inc.

This case involves Bonded Waterproofing Services, Inc. suing its insurance broker, Anderson-Bernard Agency, Inc. and Thomas Bernard (A-B and Bernard), and its insurer, National Indemnity Company (NIC), after NIC disclaimed coverage for a worker's injury. Bonded alleged that A-B and Bernard misrepresented coverage, breached contract, and were negligent in failing to obtain adequate insurance, and that NIC was vicariously liable. The Supreme Court denied motions to dismiss by A-B and Bernard and a summary judgment motion by NIC. On appeal, the court affirmed the denial of A-B and Bernard's motions, finding that Bonded sufficiently stated causes of action for negligent misrepresentation and breach of contract, and that the negligence claim was not time-barred. However, the court found that NIC's motion for summary judgment should have been granted, as A-B and Bernard were not its agents.

Insurance Coverage DisputeBroker NegligenceBreach of ContractNegligent MisrepresentationSummary Judgment MotionVicarious LiabilityAgency RelationshipStatute of LimitationsConflict of LawsNew York Law
References
26
Case No. MISSING
Regular Panel Decision

Clayton B. Obersheimer, Inc. v. Travelers Casualty & Surety Co. of America

Plaintiff, a subcontractor for Massa Construction, Inc., initiated an action against defendant surety to secure payment on a labor and materials bond after Massa ceased payments due to alleged breaches by plaintiff. Defendant denied plaintiff's claim, asserting plaintiff materially breached its subcontract by failing to make pension contributions, provide releases, and obtain a separate payment bond. The Supreme Court granted plaintiff partial summary judgment on liability, which defendant appealed. The Appellate Division affirmed, finding plaintiff presented sufficient evidence of compliance and defendant failed to raise a triable issue of fact regarding a material breach. The court noted that alleged non-payments to suppliers only affected the subcontract price, not Massa's obligation to continue performance, and found no requirement for plaintiff to pay pension contributions to the Iron Workers District Council or obtain a separate payment bond from glaziers unions.

SubcontractorSurety BondPublic Improvement ProjectLabor and Materials BondPartial Summary JudgmentAppellate ReviewBreach of ContractPension ContributionsPayment ObligationsGlaziers Unions
References
17
Case No. MISSING
Regular Panel Decision
Mar 27, 2002

McGreevy v. Jameson

Plaintiff David P. McGreevy, a truck driver for Capital Cities Leasing Corporation, and his spouse initiated an action against Bonded Concrete, Inc. and Deirdre F. Jameson following a vehicle collision involving a truck owned by Bonded Concrete. The plaintiffs alleged negligence in truck maintenance. Bonded Concrete moved for summary judgment, asserting that McGreevy was a special employee covered by workers' compensation, thus barring the lawsuit. The Supreme Court denied this motion, citing a material issue of fact concerning McGreevy's employment status. The appellate court affirmed this decision, finding that despite some evidence supporting special employment, conflicting testimony regarding supervision and control precluded summary judgment and necessitated further factual determination.

Special EmploymentSummary JudgmentWorkers' Compensation BenefitsEmployer LiabilityControl and SupervisionFactual IssueAppellate ReviewNegligence ClaimTruck AccidentVicarious Liability
References
3
Case No. ADJ7721818 ADJ7721448
Regular
Feb 04, 2013

JERRY BONDS vs. LANDJET MOTOR CARRIER, STATE COMPENSATION INSURANCE FUND

This case involves applicant Jerry Bonds' workers' compensation claims against Landjet Motor Carrier and State Compensation Insurance Fund. The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing Bonds' Petition for Reconsideration. The dismissal is based on the grounds that the petition was not timely filed. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in their decision.

Petition for ReconsiderationDismissedTimely FiledWCJ ReportWorkers' Compensation Appeals BoardLandjet Motor CarrierState Compensation Insurance FundADJ7721818ADJ7721448Pomona District Office
References
0
Case No. 08-06-00181-CV
Regular Panel Decision
Sep 25, 2008

Jesus Diaz De Leon D/B/A Payless Bail Bonds v. Olie S. Robinson

Mr. Diaz de Leon (Payless Bail Bonds) appealed the denial of a motion for new trial after a default judgment was entered against him in a suit brought by Mr. Robinson. Mr. Robinson sought to cancel a transaction, declare deeds void, and recover damages related to his home, which collateralized a bail bond. Mr. Diaz de Leon's attorney had a scheduling conflict and sent a substitute attorney, who was excused by the trial court, leading to a default judgment. The appellate court found that the trial court abused its discretion in denying the motion for new trial, citing the Craddock elements. The court concluded that the failure to appear was not intentional, a meritorious defense was alleged, and granting a new trial would not injure the plaintiff. Therefore, the judgment was reversed, and the case remanded for a trial on the merits.

Default JudgmentMotion for New TrialAbuse of DiscretionBail BondCollateralHomesteadQuitclaim DeedWarranty DeedDeed of TrustEviction
References
6
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