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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

Crest Construction, Inc. v. Murray

This case involves an appeal by Crest Construction, Inc. against Judy Murray, individually and as independent executrix of James E. Murray's estate. The dispute stems from sub-contracts on three construction projects (Beaumont, Borden, and Cooper Jobs). Crest sued Murray for tortious interference after Judy Murray filed a lien on the Beaumont Job, despite a prior settlement agreement and lien waiver signed by Jim Murray. Crest also alleged breach of contract on the Borden and Cooper Jobs. The appellate court reversed and remanded the judgment, finding that Judy Murray's lien filing constituted tortious interference as a matter of law and that Crest also breached the Beaumont settlement agreement by refusing to pay the agreed-upon amount. The court also disallowed recovery based on quantum meruit for the Borden and Cooper jobs, directing that those issues be retried on a breach of contract theory.

Construction LawContract DisputeSubcontractorGeneral ContractorLien ClaimsPromissory NoteTortious InterferenceBreach of ContractQuantum MeruitSettlement Agreement
References
12
Case No. 2015-02-0078
Regular Panel Decision
Mar 24, 2016

Murray, Charles v. Straight Line Masonry

Charles Murray, an employee of Straightline Masonry, filed a Request for Expedited Hearing seeking workers' compensation benefits for an injury sustained on December 26, 2014. The central legal issue was Mr. Murray's employment status at the time of the injury. Mr. Murray claimed he was an employee instructed to clean brick at a job site, while Straightline asserted he quit on December 23, 2014, after a confrontation with a superintendent and company owners. The Court found Mr. Murray's testimony not credible, particularly regarding the events leading to his presence at the job site and discrepancies in his paycheck claims. The court concluded that Mr. Murray was not an employee of Straightline Masonry on December 26, 2014, having quit his job earlier, and therefore denied his claim for temporary disability and medical benefits.

Workers' CompensationEmployment StatusInjuryDenial of BenefitsCredibilityExpedited HearingTermination of EmploymentTennessee LawPreponderance of EvidenceEmployer Liability
References
3
Case No. MISSING
Regular Panel Decision

Murray Corp. of Maryland v. Brooks

Huey J. Brooks sued Murray Corporation of Maryland for wrongful discharge, alleging a violation of Tex. Civ.Stat.Ann. art. 8307c because he filed worker's compensation claims. Murray contended Brooks' discharge was due to a business downturn, his inability to perform duties due to a back injury, and his extended leave of absence. The jury found in favor of Brooks, awarding $25,000. Murray appealed, challenging the sufficiency of evidence regarding both the discrimination and the damages. The appellate court affirmed the trial court's judgment, concluding there was sufficient probative evidence to support the jury's findings that Brooks was discharged for initiating worker's compensation proceedings and that he suffered damages as a result.

Wrongful DischargeWorker's Compensation RetaliationEmployment DiscriminationSpinal Fusion SurgeryBack InjuryJury VerdictAppellate ReviewSufficiency of EvidenceTexas Workers' Compensation ActEmployee Rights
References
18
Case No. M2016-01807-COA-R3-CV
Regular Panel Decision
Jan 25, 2018

Cynthia M. Kanka v. Christopher Kanka

This appeal arises from a judgment of divorce and an award of damages in tort. The trial court granted Cynthia Kanka an absolute divorce from Christopher Kanka, full custody of their minor child, and set child support based on Christopher's earning capacity, finding him willfully and voluntarily underemployed. The court also divided marital property and awarded Cynthia alimony in futuro and alimony in solido (attorney's fees). Additionally, the court granted Cynthia a judgment for compensatory damages on her tort claim (assault, battery, and intentional infliction of emotional distress), which included counseling costs and pain and suffering for herself and her daughter. On appeal, Christopher challenged the underemployment determination, marital residence valuation, alimony awards, and the tort damages. The Court of Appeals vacated the award of damages to Cynthia for her child's pain and suffering, but affirmed all other aspects of the trial court's decision.

Divorce LawChild SupportAlimonySpousal SupportTort ClaimsDomestic ViolenceUnderemploymentMarital PropertyAppellate ReviewEarning Capacity
References
34
Case No. 13-05-00297-CV
Regular Panel Decision
Jul 26, 2007

Christoph Lee Morris v. Nicole Linea Morris

This appeal stems from a divorce and personal injury suit where Nicole Morris accused Christoph Morris of assault and intentional infliction of emotional distress. A jury found in favor of Nicole, awarding her damages and sole managing conservatorship of their children. Christoph appealed, challenging various aspects including custody, sufficiency of evidence, jury instructions, and evidentiary rulings. The Court of Appeals for the Thirteenth District of Texas affirmed the trial court's judgment, finding no reversible error in any of Christoph's fifteen issues.

DivorcePersonal InjuryAssaultIntentional Infliction of Emotional DistressChild CustodyManaging ConservatorshipParental AlienationActual DamagesExemplary DamagesStatute of Limitations
References
28
Case No. 2017 NY Slip Op 08244
Regular Panel Decision
Nov 22, 2017

Matter of New York State Workers' Compensation Bd. v. Murray Bresky Consultants, Ltd

This appeal concerns the allocation of settlement proceeds from a defunct group self-insured trust. The New York State Workers' Compensation Board, as administrator of the Manufacturing Self Insurance Trust Fund, sought judicial apportionment of settlement funds recovered from third parties. Murray Bresky Consultants, Ltd, a former member of the trust, objected to the Board receiving all proceeds and asserted a counterclaim for its share and an accounting. The Supreme Court granted the Board all proceeds and dismissed Murray Bresky's objections. The Appellate Division modified this decision, ruling that Murray Bresky was entitled to share in the jointly-recovered settlement proceeds and that the Board must file a verified accounting, remitting the matter for further proceedings.

Workers' Compensation LawSelf-Insurance TrustSettlement ProceedsJudicial ApportionmentVerified AccountingCPLR Article 77Contractual InterpretationTrust DeficitAppellate ReviewFiduciary Duty
References
13
Case No. MISSING
Regular Panel Decision

Murray v. Goodyear Tire & Rubber Co.

Jerry Wayne Murray, an employee of subcontractor Billy Joe McCord, was severely injured while painting overhead air ducts in Goodyear Tire & Rubber Company's plant. Murray filed a workers' compensation claim against McCord and Goodyear, alleging Goodyear was a statutory employer. The trial court initially found Goodyear liable due to its degree of control over the work. However, the case was appealed to the Tennessee Supreme Court, which reversed the trial court's judgment. The Supreme Court concluded that Goodyear was not a statutory employer under Tennessee Code Annotated section 50-6-113 because the painting project was not part of Goodyear's regular business, nor did Goodyear exercise sufficient control over McCord's employees or the methods of work. Consequently, Goodyear was not held liable for workers' compensation benefits.

Workers' CompensationStatutory EmployerPrincipal ContractorSubcontractor LiabilityEmployer Control TestTennessee Workers' Compensation ActAppellate ReviewJudgment ReversalIndustrial AccidentPainting Contract
References
14
Case No. MISSING
Regular Panel Decision
Aug 15, 1980

Murray Ohio Manufacturing Co. v. Louisville & Nashville Railroad

Murray Ohio, a manufacturer, sought a temporary restraining order against L&N Railroad to prevent the cessation of its 'piggyback' (Trailer-On-Flat-Car and Container-On-Flat-Car) service to Lawrenceburg, Tennessee. Despite the Interstate Commerce Commission (ICC) declining to suspend or investigate L&N's tariff changes, the District Court, presided over by Judge Wiseman, granted the injunction. The court found that Murray Ohio demonstrated a substantial likelihood of prevailing on the merits, would suffer irreparable injury, and that the balance of harms favored granting the injunction. The decision emphasized that the court's action did not intrude upon the ICC's primary jurisdiction, as it merely maintained the status quo pending a final agency decision by the ICC.

Piggyback serviceTemporary restraining orderInjunctionInterstate Commerce CommissionRailroad transportationIrreparable injuryStatus quoJudicial reviewPrimary jurisdictionFreight costs
References
4
Case No. 2018 NY Slip Op 07811 [166 AD3d 1263]
Regular Panel Decision
Nov 15, 2018

Matter of Murray v. South Glens Falls Sch. Dist.

The case "Matter of Murray v South Glens Falls Sch. Dist." involves an appeal to the Appellate Division, Third Department, concerning a Workers' Compensation Board decision. The core issue was whether claimant Bonnie J. Murray had been classified with a permanent partial disability following work-related injuries sustained in December 2007. WCLJ D. Jeffrey Romeo had issued decisions regarding the degree of disability and awards, with a subsequent amended decision from WCLJ Jonathan Frost finding no such classification had been made. The employer appealed, arguing for classification based on prior decisions or claimant's counsel's alleged concession. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant was never classified with a permanent partial disability.

Workers' Compensation BenefitsPermanent Partial DisabilityDisability ClassificationWage-Earning Capacity LossWorkers' Compensation Board AppealAppellate Division Third DepartmentRes Judicata DoctrineLaw of the Case DoctrineJudicial ReviewMaximum Medical Improvement
References
1
Case No. W2016-00222-CCA-R3-PC
Regular Panel Decision
Nov 30, 2016

Christopher Cunningham v. State of Tennessee

The petitioner, Christopher Cunningham, appealed the denial of his post-conviction relief petition, alleging ineffective assistance of counsel and double jeopardy violations for his aggravated robbery convictions. The post-conviction court found counsel provided effective assistance. On appeal, the Court of Criminal Appeals of Tennessee affirmed the lower court's judgment. The appellate court concluded the petitioner failed to demonstrate prejudice from counsel's performance and that the double jeopardy claim was meritless, as Tennessee law considers the number of takings, not victims, for robbery prosecution.

Post-Conviction ReliefIneffective Assistance of CounselDouble JeopardyAggravated RobberyCriminal AppealConsecutive SentencesAlibi WitnessCharacter WitnessWaiver of RightsPlea Bargain
References
20
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