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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

Huether v. New York Times Building, LLC

Plaintiff John Huether, a carpenter, sustained injuries while unloading drywall from a truck during the construction of the New York Times Building. The accident occurred when an unsecured steel plate, used to bridge an 8-10 inch gap between the truck and loading dock, shifted, causing a dolly loaded with drywall to tip and crush his right leg. Plaintiffs sued building owners, general contractors, and the truck operator, alleging violations of Labor Law §§ 240(1), 241(6), and 200, as well as common-law negligence. The court granted dismissal of the Labor Law § 240(1) claim as not gravity-related. For Labor Law § 241(6), the court found 12 NYCRR 23-1.22 (b)(3) applicable and violated, granting plaintiffs partial summary judgment, while other cited Industrial Code provisions were deemed inapplicable. Claims under Labor Law § 200 and common-law negligence were dismissed against the building owners (NYT) due to lack of control, but were allowed to proceed against the general contractors (Turner and Amec) due to disputed facts regarding their control over the work methods and notice of unsafe conditions.

Construction AccidentLabor Law § 241(6)Labor Law § 200Summary JudgmentLoading Dock SafetyUnsecured Bridging PlateIndustrial Code ViolationsGeneral Contractor LiabilityMeans and Methods of WorkPremises Condition
References
17
Case No. 03-02-00611-CV
Regular Panel Decision
Jun 05, 2003

Texas Building Owners and Managers Association, Inc. Building Owners and Managers Association International Tanglewood Property Management Company Emissary Group 5599 San Felipe, Ltd. And the Real Access Alliance v. the Public Utility Commission of Texas and the State of Texas

This case concerns the scope of the Public Utility Commission's power to enforce the Building Access Statutes (Texas Utilities Code §§ 54.259-.261). Appellants, consisting of property management organizations and trade groups, sued the Commission, seeking a declaratory judgment that the Statutes are unconstitutional on their face and a permanent injunction. They argued the statutes cause a taking of their property without adequate compensation and that the Commission lacks delegated power to determine compensation. The district court declared the Statutes facially constitutional and denied injunctive relief. The Court of Appeals affirmed the judgment, holding that the legislature constitutionally delegated to the Commission the power to determine 'reasonable' and 'nondiscriminatory' compensation, providing sufficient guidance and an adequate process for obtaining compensation.

Telecommunications regulationPublic Utility CommissionBuilding Access StatutesConstitutional lawTakings clauseDelegation of powerProperty rightsTelecommunications utilitiesCompetitive marketplaceFacial unconstitutionality
References
30
Case No. 12-02-00174-CV
Regular Panel Decision
May 28, 2004

Jayanti Patel v. City of Everman, Tom Killebrew, and Metro Code Analysis, L.L.P.

Jayanti Patel appealed the trial court's summary judgment in favor of the City of Everman and Tom Killebrew d/b/a Metro Code Analysis. Patel had sued the City and Killebrew for an unlawful taking of his properties without just compensation, procedural due process violations, trespass, and conversion, stemming from the demolition of his apartment buildings due to alleged code violations. The appellate court affirmed the summary judgment regarding Patel's consent to the demolition of fifteen properties, his due process claim, and his trespass and conversion claims due to res judicata. However, the court reversed and remanded the summary judgment on Patel's takings claim concerning four specific properties (403 Lee Street, 410 Race Street, 405 King Street, and 403 King Street) where the defense of consent was not applicable and a fact issue existed regarding nuisance.

Property DemolitionInverse CondemnationSummary JudgmentTexas ConstitutionDue Process ClaimTrespass ClaimConversion ClaimRes JudicataNuisance DefenseAppellate Review
References
53
Case No. MISSING
Regular Panel Decision
Jun 20, 2005

Hageman v. B & G Building Services, LLC

The plaintiff, injured during demolition work at a Home Depot store, initially sued Home Depot, and later commenced an action against B & G Building Services, LLC (Building) for personal injuries. Building cross-moved for summary judgment, asserting that it was the plaintiff's employer and that the action was barred by Workers' Compensation Law due to an alter ego or joint venturer relationship with the plaintiff's direct employers, the Electrical corporations. The Supreme Court granted Building's cross-motion, dismissing the complaint. On appeal, the order was reversed; the appellate court determined that Building failed to provide sufficient proof to establish an alter ego or joint venturer relationship, which would legally prevent the plaintiff from proceeding with the personal injury action under the Workers' Compensation Law exclusivity provisions.

Personal InjuryWorkers' Compensation ExclusivitySummary JudgmentAlter Ego DoctrineJoint VentureEmployer LiabilityDemolition AccidentAppellate ReviewNassau CountyConstruction Injury
References
9
Case No. MISSING
Regular Panel Decision

Spiegler v. Gerken Building Corp.

Kerry Spiegler, an employee of All Ran Electric, was injured while installing an electrical mounting channel, which struck him in the head. He and his wife sued Integrity Contracting, Gerken Building Corporation, and North Fork Bank, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially dismissed claims based on common-law negligence and Labor Law § 200 but denied dismissal for Labor Law §§ 240 (1) and 241 (6). This appellate decision ruled that the Supreme Court should have granted summary judgment to the defendants, dismissing the Labor Law § 240 (1) claim because the incident was not an elevation-related hazard. It also held that the Labor Law § 241 (6) claim, predicated on Industrial Code § 23-1.8 (c) (1), should have been dismissed as it was not applicable to a 'hard-hat' job.

Construction AccidentFalling ObjectSummary JudgmentLabor LawElevation HazardIndustrial CodeWorkplace SafetyNegligenceThird-Party LiabilitySubcontractor Liability
References
9
Case No. 2017 NY Slip Op 06175 [153 AD3d 700]
Regular Panel Decision
Aug 16, 2017

Melendez v. 778 Park Avenue Building Corp.

Plaintiff Christian Melendez was injured after falling from an unsecured plank while erecting a scaffold. He sued 778 Park Avenue Building Corporation (owner) and AM&G Waterproofing, LLC (general contractor) alleging violations of Labor Law §§ 240 (1), 241 (6), and 200, and common-law negligence. The Supreme Court granted summary judgment for defendants, which the Appellate Division affirmed. The court found Melendez was the sole proximate cause of his fall, the Industrial Code provisions cited were inapplicable or not causative, and the general contractor did not supervise or control the work for Labor Law § 200 and common-law negligence claims.

Scaffolding AccidentLabor Law LiabilitySummary Judgment AffirmationSole Proximate CauseConstruction Site SafetyGeneral Contractor ResponsibilityPremises Liability DefenseAppellate Division DecisionIndustrial Code ComplianceNegligence Claims
References
12
Case No. MISSING
Regular Panel Decision

San Antonio Building & Construction Trades Council v. City of San Antonio

The San Antonio Building and Construction Trades Council (SABTC) and individual representatives challenged the City of San Antonio regarding prevailing wage requirements for construction workers on a convention center hotel project. SABTC argued that Chapter 2258 of the Texas Government Code mandated prevailing wages, but the trial court denied this, finding that despite being a 'public work', no 'public funds' were used for its construction. The appellate court affirmed the trial court's judgment. It determined that public funds pledged as security for revenue bonds, or the bonds themselves, did not constitute public funds used for the 'construction' of the project under the relevant statute.

Prevailing Wage LawPublic WorksPublic FundsAssociational StandingLabor LawDeclaratory JudgmentTexas Government CodeRevenue BondsHotel Occupancy TaxStatutory Interpretation
References
16
Case No. MISSING
Regular Panel Decision

Fioranelli v. News Building Corp.

Anthony Fioranelli sued News Building Corporation for injuries sustained during employment. The defendant sought dismissal, arguing that Workers' Compensation was the exclusive remedy because News Building Corporation was effectively the plaintiff's employer, New York News, Inc., due to corporate merger. Prior motions to dismiss on these grounds were denied on procedural issues. This court, however, found that New York News, Inc. was indeed the building's owner at the time of the accident under Business Corporation Law § 906(b)(2). Consequently, the court ruled that Workers' Compensation Law § 11 provided the plaintiff's sole remedy, dismissing the action against the defendant.

Workers' Compensation exclusivityCorporate mergerBuilding ownershipCPLR dismissal motionLaw of the Case doctrineBusiness Corporation LawEmployer liabilityPersonal injury claimProcedural lawSubstantive law
References
5
Case No. MISSING
Regular Panel Decision

Olivares, Emilio v. Alfonso Mares, and Multi-Building, Inc.

Emilio Olivares, an injured construction worker, sued Alfonso Mares and Multi-Building, Inc., alleging negligence and premises liability after falling from an unsecured joist. Following a jury trial, the court awarded damages but reduced Olivares's past lost wages. On appeal, Olivares challenged the exclusion of a subcontract, the jury charge focusing on premises liability, the omission of Multi-Building from a negligent activity question, and the reduction of the lost wages award. The appellate court affirmed the trial court's judgment, finding no reversible error in the jury charge, the exclusion of the subcontract, or the reduction of lost wages, and dismissed Multi-Building's conditional cross-points as moot.

NegligencePremises LiabilityConstruction AccidentLost WagesJury Charge ErrorEvidence ExclusionSubcontract DisputeTexas LawAppellate ReviewAbuse of Discretion
References
28
Case No. 01-07-00003-CV
Regular Panel Decision
Jun 26, 2008

in Re Bison Building Materials, Ltd.

Bison Building Materials, Ltd., a nonsubscriber to the Workers' Compensation Act, established an employee injury plan with an arbitration clause. Employee Tracy Sambrano was injured, received benefits, but then sued Bison for negligence, despite signing a post-injury waiver. The trial court denied Bison's motion to compel arbitration. On appeal, the court held that Sambrano had accepted the arbitration terms by continued employment and that the Federal Arbitration Act preempted state laws that would prevent enforcement. Consequently, the court conditionally granted mandamus relief to compel arbitration, finding Bison had not waived its right, and dismissed Sambrano's interlocutory appeal.

Arbitration AgreementFederal Arbitration Act (FAA)Texas General Arbitration Act (TGAA)Workers' Compensation NonsubscriberEmployee Welfare Benefit PlanERISA PreemptionMandamus ReliefInterlocutory AppealWaiver of ArbitrationContract Defenses
References
44
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