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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

James Wimpy v. Motel 6 Operating, L.P.

Appellant James Wimpy appealed a summary judgment granted in favor of Motel 6 Operating, L.P. in a premises liability case after he sustained a right ankle injury from a fall at a Motel 6. Wimpy's counsel failed to file a response and did not appear at the summary judgment hearing, claiming a lack of proper notice. The appellate court examined whether Wimpy received adequate notice of the hearing, concluding that the clerk's notice, in the context of prior discussions, was not reasonably calculated to inform him that the summary judgment motion was set. The court reversed the summary judgment and remanded the case for trial, thereby not addressing the motion for new trial.

Premises LiabilitySummary JudgmentMotion for New TrialAdequate NoticeDue ProcessAbuse of DiscretionAppellate ReviewTexas Civil ProcedurePersonal InjuryWorker's Compensation
References
33
Case No. 2017-06-0343
Regular Panel Decision
Apr 19, 2018

Joiner, Roger v. United Parcel Service, Inc.

Roger Joiner filed a claim for medical and permanent partial disability benefits due to a C6-7 disc herniation and a C5-6 disc osteophyte complex sustained while lifting a mailbag at work. His employer, United Parcel Service, Inc. (UPS), contested the compensability of the C5-6 disc osteophyte complex, arguing it was a pre-existing condition unrelated to the work injury. The Court, presided over by Judge Joshua D. Baker, found in favor of Mr. Joiner, ruling that the C5-6 condition was a compensable aggravation of a pre-existing condition. The decision, based on conflicting medical opinions and Mr. Joiner's credible testimony, determined that his work accident contributed more than fifty percent to the aggravation. Consequently, UPS was ordered to provide ongoing medical treatment for both injuries and pay Mr. Joiner $72,794.70 in permanent partial disability benefits for a 19% impairment rating.

Workers' Compensation ClaimsPermanent Partial DisabilityMedical Benefits AwardedCervical Disc HerniationDisc Osteophyte ComplexAggravation of Pre-Existing ConditionCausation StandardTreating Physician Presumption RebuttalIndependent Medical EvaluationMedical Expert Disagreement
References
4
Case No. 15-25-00023-CV
Regular Panel Decision
May 05, 2025

The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, and Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11

This case involves an appeal by the State of Texas against the denial of its plea to the jurisdiction and plea in abatement. The State, as appellant, initially sued Dr. May C. Lau in Collin County, alleging violations of SB 14 and the Texas Deceptive Trade Practices Act, and issued subpoenas in Dallas County to obtain medical records of 21 nonparty patients. The appellees, eleven nonparty patients, challenged these subpoenas in Dallas County, asserting physician-patient and mental health information privileges under Texas Rules of Civil Procedure 176.6(e) and 192.6(a). The State argues that sovereign immunity prevents the Dallas County court from hearing these challenges and that the only proper forum is Collin County. The appellees contend that the Texas Supreme Court precedent dictates that rules of civil procedure apply to the State unless explicitly carved out, and that common law principles of sovereign immunity do not extend to discovery disputes.

Sovereign ImmunityDiscovery DisputeSubpoena ChallengeMedical RecordsPatient PrivilegeMental Health PrivilegeRules of Civil ProcedureRules of EvidenceAppellate LawPlea to Jurisdiction
References
191
Case No. 13-14-00205-CV
Regular Panel Decision
Sep 24, 2015

Cornelio Morales v. Hidalgo County Irrigation District 6

Cornelio Morales, former general manager for Hidalgo County Irrigation District No. 6, appealed a summary judgment granted to the District in his breach of contract claim. Morales's employment contract included a severance clause for early termination not due to death or disability. The trial court had ruled the contract illegal for lack of consideration and as an unconstitutional gratuitous grant of public funds. The Court of Appeals reversed, holding that the contract served a legitimate public purpose and Morales's performance of duties constituted valid consideration, thus not violating the Texas Constitution. The case was remanded for further proceedings consistent with this opinion.

Breach of ContractEmployment LawSummary JudgmentAffirmative DefenseIllegalityLack of ConsiderationTexas Constitution Article III Section 52(a)Public FundsSeverance PaymentGeneral Manager
References
28
Case No. MISSING
Regular Panel Decision

New York Typographical Union No. 6 v. AA Job Printing

The case concerns a petition by New York Typographical Union No. 6 to confirm arbitration awards against employers AA Job Printing Corp. and The Jewish Press, Inc., for violations of a collective bargaining agreement. The employers cross-moved for summary judgment to dismiss the petition, arguing the awards were not final and that a pending National Labor Relations Board (NLRB) matter preempted the action. The court noted the employers' procedural defaults but favored a decision on the merits. District Judge ROBERT L. CARTER ruled that the arbitration awards were final and definite, and the federal court's jurisdiction under Section 301 of the Labor Management Relations Act was independent of the NLRB's jurisdiction. The court also dismissed the employers' unsupported claim of sexual discrimination. Consequently, the court granted summary judgment in favor of the Union, confirming the arbitration awards, and denied the employers' cross-motion.

Arbitration Award ConfirmationCollective Bargaining AgreementLabor Management Relations ActSection 301 LMRASummary JudgmentFederal Court JurisdictionNLRB PreemptionDefault JudgmentProcedural RulesEmployer-Union Dispute
References
7
Case No. 2024 NY Slip Op 04297 [230 AD3d 721]
Regular Panel Decision
Aug 28, 2024

6 Harbor Park Dr., LLC v. Town of N. Hempstead

The plaintiff, 6 Harbor Park Drive, LLC, appealed a judgment from the Supreme Court, Nassau County, which dismissed its complaint against defendant Angeles Portela following a jury verdict. The action stemmed from property damage caused by water and debris flowing onto the plaintiff's property. Earlier stages of the litigation saw several other defendants, including the Town of North Hempstead, granted summary judgment, leaving only a specific claim regarding mulch placement against Portela for trial. The plaintiff alleged Portela's negligent mulch application increased run-off, but the jury found Portela not negligent. The Appellate Division affirmed the judgment, concluding that the Supreme Court properly exercised its discretion in evidentiary rulings and that any other errors were harmless.

Property DamageNegligenceJury VerdictAppellate ReviewEvidentiary RulingsSummary JudgmentWater Run-offMulch ApplicationHarmless ErrorJudicial Discretion
References
8
Case No. MISSING
Regular Panel Decision

Long v. Forest-Fehlhaber

The dissenting opinion, authored by Staley, Jr., J., argues against the majority's conclusion that contributory negligence was not a defense to a violation of Labor Law § 241(6) at the time of the accident. The dissent contends that subdivision 6 imposes a duty of reasonable care, not absolute liability, and therefore, contributory negligence should be a valid defense. It reviews legislative history and prior case law, emphasizing that the pre-1969 statute, identical in terms of liability definition to present subdivision 6, allowed contributory negligence as a defense. The dissent also clarifies a previous gratuitous statement by the court regarding contributory negligence in Frattura v Cozzolino Constr. Corp. The final judgment was modified, reversing the dismissal of the plaintiff's cause of action under Labor Law § 241(6) and the third-party complaint, ordering a new trial on those matters, and affirming the judgment as modified.

Contributory NegligenceLabor LawAbsolute LiabilityDuty of Reasonable CareConstruction SafetyExcavation WorkDemolition WorkSafe Place to WorkStatutory InterpretationAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Messina v. City of New York

Plaintiff Thomas Messina, an electrician, sustained leg injuries after stepping into an unguarded drainpipe hole while working at Yankee Stadium. He and his spouse filed a lawsuit against the City of New York and the New York Yankees, alleging violations of Labor Law §§ 200 and 241 (6). Initially, the Supreme Court granted summary judgment to defendants on the Labor Law § 241 (6) claim but later reversed its decision upon reargument, deeming the nature of the drainpipe hole a factual question for the jury. However, the appellate court reversed this ruling, clarifying that the interpretation of an Industrial Code regulation is a matter of law. The court concluded that the drainpipe hole, approximately 12 inches in diameter and 7-10 inches deep, did not constitute a "hazardous opening" under 12 NYCRR 23-1.7 (b), thereby entitling the defendants to summary judgment dismissing the Labor Law § 241 (6) claim.

Construction site accidentDrainpipe holeHazardous openingSummary judgmentLabor Law § 241 (6)Industrial Code 12 NYCRR 23-1.7 (b) (1)Falling hazardsAppellate reviewStatutory interpretationQuestion of law vs. fact
References
10
Case No. MISSING
Regular Panel Decision
Sep 19, 2011

Capuano v. Tishman Construction Corp.

Plaintiff Philip Capuano, a carpenter employed by Donaldson Acoustics, suffered a back injury on February 26, 2007, after slipping on a sprinkler pipe while installing sheetrock at a construction site owned by Yeshiva University. Capuano and his wife subsequently filed a lawsuit alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), specifically citing Industrial Code provisions regarding tripping hazards and inadequate illumination. The Supreme Court, Bronx County, granted the plaintiffs' motion for partial summary judgment on the Labor Law § 241 (6) liability. Defendants appealed, questioning the existence of violations and Capuano's credibility. The appellate court affirmed the lower court's decision, finding that plaintiffs established a prima facie case of Labor Law § 241 (6) violations, and defendants failed to raise a material issue of fact.

Labor LawConstruction Site AccidentPersonal InjurySummary JudgmentTripping HazardInadequate LightingIndustrial Code ViolationNondelegable DutyWorkers' CompensationAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Webber v. City of Dunkirk

Justices Lawton and Balio dissent in part from a ruling, agreeing that 12 NYCRR 23-4.2 (k) and 23-9.2 (b) lack sufficient specific standards for a Labor Law § 241 (6) cause of action. However, they disagree with the application of 12 NYCRR 23-9.5 (c), arguing it does not apply as the backhoe was in use during the accident, and any violation was not a proximate cause. They reject the notion that the backhoe was not in use while workers raked blacktop, as the operator remained inside with the engine running. Furthermore, they dismiss the argument that lowering the bucket would have alerted workers to forward movement, deeming it speculative and not aligned with the regulation's purpose. Thus, they would grant summary judgment to dismiss the Labor Law § 241 (6) claim.

Labor LawBackhoe AccidentSummary JudgmentProximate CauseConstruction SafetyAppellate ReviewDissenting OpinionWorkplace Safety RegulationsNew York Labor LawIndustrial Code
References
0
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