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. 01-04-00096-CV
Regular Panel Decision
Aug 03, 2006

Heritage Housing Development, Inc., F/K/A Heritage Geriatric Housing Development, Inc. Heritage Geriatric Housing Development Viii, Inc. v. Velma Carr, as Heir at Law and Representative of the Estate of Raymond Carr

Velma Carr brought a survival action against Heritage Geriatric Housing Development VIII, Inc. d/b/a Heritage Sam Houston Gardens ("Houston Gardens") and its parent corporation, Heritage Housing Development, Inc. f/k/a Heritage Geriatric Housing Development, Inc. ("HHD"), for negligent nursing home care of her deceased husband, Raymond Carr. A jury found both corporate entities and employees negligent. The Court of Appeals reversed the judgment against HHD, finding legally insufficient evidence to support vicarious liability against the parent corporation because it did not control the details of patient care. However, the court found legally sufficient evidence to support the negligence claim against Houston Gardens. Due to the potential impact of HHD's inclusion on the jury's apportionment of liability and damages, the case was remanded for a new trial on the negligence claim against Houston Gardens.

Nursing Home NegligenceVicarious LiabilityRespondeat SuperiorLegal Sufficiency of EvidenceParent Company LiabilityCorporate ControlNegligent CareTexas Court of AppealsRemand for New TrialMedical Malpractice
References
22
Case No. 2015-08-0509
Regular Panel Decision
Feb 12, 2016

Kelly, Thomas v. Catmur Development Co.

This expedited hearing addressed employee Thomas Kelly's claim for medical benefits for emergency air transport and attorney fees against employer Catmur Development Co. and its insurer, Builders Mutual Insurance Co. Mr. Kelly suffered a severe workplace injury, severing his left thumb, which necessitated an air ambulance transfer for attempted replantation surgery. Catmur denied payment for the air transport based on a utilization review, despite the Bureau's Medical Director overturning this denial. The Court, asserting its authority to independently review medical necessity, found Mr. Kelly was likely to prevail. Consequently, the Court ordered Catmur to cover the $52,900 air ambulance bill and granted a 20% attorney's fee lien on this payment.

Medical BenefitsAttorney FeesExpedited HearingAir Ambulance TransportUtilization Review DenialMedical Necessity DisputeThumb InjuryReplantation SurgeryShelby CountyJudge Jim Umsted
References
4
Case No. 03-01-00400-CV
Regular Panel Decision
Apr 11, 2002

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Appellants Richard Wallace Pearce and Jesse Ray Blann appealed the district court's judgment affirming the Round Rock Development Review Board's denial of their permit applications for seven outdoor advertising structures. The core issue was whether the structures qualified as 'signs' and were entitled to non-conforming use status under the City's ordinance, which became effective February 27, 1997. The Court of Appeals held that four of the structures were 'signs' due to having a surface capable of displaying text, despite not yet having advertising affixed, and were therefore entitled to non-conforming use. The court reversed and remanded the Board's decisions regarding these four structures. However, it affirmed the district court's judgment for the remaining three structures, which lacked such a surface, and also upheld the constitutionality of the City's sign ordinance against a takings claim.

ZoningOutdoor AdvertisingNon-conforming UsePermit DenialExtraterritorial JurisdictionAbuse of DiscretionStatutory InterpretationMunicipal OrdinanceTexas Court of AppealsProperty Rights
References
30
Case No. 10-09-00231-CV
Regular Panel Decision
Jul 21, 2010

Jaime Ibarra and Maria Ibarra Torres v. the Hines Land Group, LTD., A.W. Hines, Kelly King Hines, Ricky D. Hines, Individually and D/B/A Hines Development Corporation, Hines Development, LTD., and Hines Development Management, LLC

Jaime Ibarra, an employee of Moss Concrete Construction Co., Inc., was injured when a dirt wall collapsed while he was repairing a leak in a man-made lake at the Pecan Valley Ranch subdivision, developed by The Hines Land Group. Ibarra and Maria Ibarra Torres sued the Hines Appellees, alleging various causes of action including negligence, premises liability, negligent hiring, and negligent undertaking. The trial court granted the Hines Appellees' motions for summary judgment. On appeal, the Court of Appeals affirmed the trial court's judgment, finding that the Hines Appellees owed no duty to Ibarra as they did not retain or exercise control over the excavation work, the trench was an open and obvious defect created by the independent contractors, and negligent hiring claims do not apply to independent contractors' employees.

Personal InjurySummary Judgment AppealPremises LiabilityNegligence ClaimsIndependent Contractor LiabilityDuty of CareAppellate Court DecisionTexas Civil ProcedureConstruction Site InjuryGross Negligence
References
50
Case No. MISSING
Regular Panel Decision

Develop Don't Destroy (Brooklyn), Inc. v. Empire State Development Corp.

The court reviewed CPLR article 78 petitions challenging the New York State Urban Development Corp.'s (ESDC) modification of the Atlantic Yards Project plan under the State Environmental Quality Review Act (SEQRA). Petitioners argued ESDC irrationally maintained a 10-year project build-out date and failed to mandate a supplemental environmental impact statement (SEIS), despite significant project delays outlined in new agreements. The court found ESDC's continued use of the 10-year build date arbitrary and capricious and its environmental analysis inadequate, necessitating an SEIS to address prolonged construction impacts. However, the court denied a stay on Phase I construction, citing its advanced stage and prior environmental review.

Environmental ReviewSEQRAAtlantic Yards ProjectProject Build-Out DelaySupplemental Environmental Impact Statement (SEIS)Rational Basis ReviewArbitrary and CapriciousDevelopment AgreementMTA AgreementNeighborhood Character Impacts
References
19
Case No. MISSING
Regular Panel Decision

Klein v. A.D. Development Ltd.

Frank Klein's motion to consolidate action numbers 1 and 2 was granted without opposition. Defendant Kala Zaveri, also president of A.D. Development Ltd., filed a cross-motion for summary judgment in the consolidated action, arguing she was exempt from liability under Labor Law § 240 (1) as an owner of a single-family dwelling. However, the court denied her motion, finding that the dwelling was part of a commercial enterprise intended for resale, not personal use. The court reasoned that the homeowner's exemption did not apply to commercial developers, emphasizing the statute's intent to place responsibility for worker safety on those best suited to provide such safeguards.

Labor Law § 240 (1)Homeowner ExemptionCommercial EnterpriseSummary JudgmentStatutory InterpretationWorker SafetyConsolidated ActionDeveloper LiabilityThird-Party Action
References
3
Case No. MISSING
Regular Panel Decision

Anderson v. New York State Urban Development Corp.

This case involves a judicial review of a determination by the New York State Urban Development Corporation (doing business as Empire State Development Corporation) to condemn real property. The petitioners challenged the determination on two grounds: first, that the respondent failed to make a specific finding regarding a feasible method for relocating displaced families as required by the UDC Act § 10(g); and second, that the respondent did not adequately consider the socioeconomic impact of displacement under the State Environmental Quality Review Act (SEQRA). The court found no merit in the petitioners' contentions, concluding that the respondent did make the necessary finding for relocation, which was supported by the final environmental impact statement (FEIS). The court also determined that the respondent properly considered the project's socioeconomic impact on the community as a whole, satisfying SEQRA requirements. Consequently, the court confirmed the respondent's determination, denied the petition, and dismissed the proceeding.

Eminent DomainCondemnationEDPL 207SEQRARelocation PlanPublic UseEnvironmental ReviewUrban DevelopmentJudicial ReviewDisplaced Persons
References
5
Case No. MISSING
Regular Panel Decision

Erie County Industrial Development Agency v. Roberts

This CPLR article 78 proceeding addresses whether the prevailing wage requirement of Labor Law § 220 applies to private construction projects financed by industrial development agencies using tax-exempt bonds. The petitioners, Quo Vadis Editions, Inc. and Erie County Industrial Development Agency, challenged the Commissioner of Labor's determination that such projects constitute "public works." Special Term ruled against the Commissioner, prohibiting the application of the prevailing wage requirement. The appellate court affirmed Special Term's decision, concluding that these projects are not "public works" because their fundamental purpose is private, with the private developer retaining economic ownership and benefits, despite the agency's formal title for financing mechanisms.

Prevailing WageIndustrial Development AgenciesTax-Exempt BondsPublic Works DoctrineLabor LawGovernmental FunctionPrivate DevelopmentDeclaratory ReliefStatutory InterpretationEconomic Development Incentives
References
9
Case No. MISSING
Regular Panel Decision

Roosevelt Islanders for Responsible Southtown Development v. Roosevelt Island Operating Corp.

This case involves consolidated appeals challenging the Roosevelt Island Operating Corporation's (RIOC) approval of the Related/Hudson site plan for Southtown development. Petitioners, Alternative Southtown Design Committee and Roosevelt Islanders for Responsible Southtown Development, argued RIOC failed to comply with the State Environmental Quality Review Act (SEQRA) by not requiring a supplemental Environmental Impact Statement (EIS) and that the plan violated the General Development Plan (GDP). The Supreme Court's judgment, which had dismissed RIRSD's petition as untimely, was modified on appeal, finding the petition timely but denying it on the merits. The appellate court affirmed the dismissal of Alternative's petition and the denial of RIRA's intervention, concluding that RIOC took the requisite "hard look" at environmental impacts and its decision was not arbitrary or capricious. Furthermore, the court found petitioners lacked standing to challenge the GDP's breach as they were merely incidental beneficiaries.

SEQRAEnvironmental ImpactGeneral Development PlanRoosevelt IslandLand UseUrban DevelopmentSite PlanJudicial ReviewArticle 78 ProceedingAdministrative Law
References
30
Case No. 01-20-00465-CV
Regular Panel Decision
Dec 10, 2020

in Re VCPalmsWestheimer Development LLC & Parawest Community Development LLC

Relators, VC PalmsWestheimer, LLC and Parawest Community Development, LLC, filed a petition for writ of mandamus seeking to compel Judge Daryl Moore to vacate an order denying their motion for leave to designate a responsible third party. The underlying case involves Seyedali Parsafar suing the Relators for negligence, gross negligence, premises liability, and DTPA violations following an assault at an apartment complex. The Relators sought to designate Jaeylen Deshawn Turner or an unknown individual (John Doe) as a responsible third party. The trial court denied the motion, believing the disclosure was untimely as it was not made before the statute of limitations ran or in the initial answer. The Court of Appeals found that the trial court abused its discretion, clarifying that disclosure obligations for responsible third parties arise when discovery responses are due, not necessarily before the statute of limitations or in the original answer when no discovery was served, and conditionally granted the petition for writ of mandamus.

MandamusResponsible Third PartyTimelinessStatute of LimitationsDiscoveryPleading RequirementsAbuse of DiscretionAppellate RemedyTexas LawCivil Procedure
References
13
Showing 1-10 of 2,755 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