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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

Neagle v. Nelson

Justice Robertson concurs with the majority opinion but respectfully disagrees with Justice Kilgarlin’s conclusions. Robertson argues that the legislative intent to abolish the “discovery rule” in *Gaddis v. Smith* via Tex.Ins.Code Ann. art. 5.82 and Tex.Rev.Civ.Stat. Ann. art. 4590i is not manifest in the plain language of the statutes and that legislative history should not be the starting point without ambiguity. He also finds the analogy to workers’ compensation law for determining permissible delay in malpractice cases to be strained due to numerous distinctions. Robertson maintains that the "discovery rule" issue and alternatives to workers' compensation analogy remain open questions, suggesting common law and equitable doctrines like laches. Justice Kilgarlin also provides a concurring opinion, addressing questions left unanswered by the court. He states that if the fact that Neagle reasonably should not have known of his injury during the limitations period is controverted, Neagle bears the burden of proof. Kilgarlin concludes that the legislative intent was to overrule *Gaddis v. Smith*'s discovery rule, and therefore, a two-year period after discovery cannot be reinstated. He proposes adopting the "good cause" standard from workers’ compensation law to determine permissible delay for filing suit after discovery in medical malpractice cases where discovery could not occur within two years of the tort or last treatment. Both justices concur in reversing and remanding the case.

Medical MalpracticeDiscovery RuleStatute of LimitationsLegislative IntentWorkers' Compensation AnalogyOpen Courts ProvisionGood CauseTexas LawConcurring OpinionJudicial Interpretation
References
9
Case No. 01-19-00618-CV
Regular Panel Decision
Jun 15, 2021

Gary Lynn Fomby v. Manorcare-Sharpview of Houston Texas, LLC and Sharpview SNF Management, LLC

The case involves an appeal by Gary Lynn Fomby against ManorCare's motion to dismiss, based on Fomby's alleged failure to file a Chapter 74 expert report. The concurring opinion addresses Fomby's arguments that he preserved constitutional challenges (open-courts and due-process) to the expert-report requirement and that these requirements are unconstitutional. While agreeing that Fomby preserved these arguments, the opinion finds his constitutional challenges lack merit, reaffirming previous Texas court decisions that Chapter 74's expert-report requirement is rationally related to a legitimate legislative purpose of discouraging frivolous malpractice suits. Consequently, the judgment affirming dismissal is concurred.

Medical MalpracticeExpert ReportChapter 74Open CourtsDue ProcessConstitutional LawAppellate ProcedurePreservation of ErrorTexas LawFrivolous Lawsuits
References
21
Case No. MISSING
Regular Panel Decision

Hoffmann-La Roche Inc. v. Zeltwanger

Justice O'Neill, joined by Justice Smith, penned a concurring opinion regarding the viability of intentional infliction of emotional distress claims, specifically criticizing the Court's 'gap-filler' approach as unworkable. The opinion argues for emphasizing a stringent threshold for such claims in the workplace, requiring conduct to be 'extreme and outrageous' and beyond all bounds of decency. Referencing GTE Southwest, Inc. v. Bruce, O'Neill asserts that Zeltwanger's allegations, while reprehensible, do not meet the high standard of severe physical abuse, intimidation, or threats required to establish intentional infliction of emotional distress liability. Therefore, while concurring with the judgment, O'Neill disagrees with the Court's reasoning.

Intentional Infliction of Emotional DistressWorkplace ConductSexual Harassment ClaimsExtreme and Outrageous Conduct StandardTort LawConcurring OpinionEmployer LiabilityEmployment DisputesLegal ThresholdEvidentiary Sufficiency
References
4
Case No. 03S01-9608-CH-00086
Regular Panel Decision
Jan 04, 1999

Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr., Director of the Division of Workers Compensation, Tennessee Dept of Labor - Concurring

The Tennessee Supreme Court issued a concurring opinion in the case of Wayne Eldred Hill. Justice Janice M. Holder agreed with the majority's finding that this case falls under Tenn. Code Ann. § 50-6-208(a). However, she reiterated her prior dissenting view from Bomely v. Mid-America Corp. (1998) regarding the application of subsections (a) and (b) of the statute. Justice Holder posited that subsection (a) should apply solely when a subsequent injury leads to permanent and total disability. In contrast, she argued that subsection (b) should be reserved for instances where employees can still earn wages but have vocational disabilities exceeding statutory limits. This clarifies her interpretation of the statute's scope in workers' compensation cases.

Workers' CompensationSecond Injury FundPermanent Total DisabilityVocational DisabilityStatutory InterpretationConcurring OpinionAppellate LawDisability BenefitsSubsequent InjuryTennessee Supreme Court
References
1
Case No. MISSING
Regular Panel Decision

Certain Underwriters at Lloyd's, London v. Smith

Chief Justice Brister's dissenting opinion, including a concurring appendix, vigorously opposes the court's decision to withdraw its previously issued opinions. He argues that withdrawing the opinions disserves the public interest and perpetuates the flawed reasoning of Tamez v. Certain Underwriters at Lloyd’s, London, which he believes incorrectly restricts the concept of insurable interest. Brister asserts that the Texas Legislature intended a liberal interpretation of insurable interests, not a rigid adherence to outdated common law definitions from 1942. He highlights that employers face significant pecuniary losses from employee deaths, even for "service-level" employees, and should therefore possess an insurable interest, urging the court to reconsider its approach in light of modern insurance practices and legislative intent.

Insurable InterestWorkers' CompensationMass TortStatutory InterpretationJudicial DiscretionCommon LawInsurance CodePecuniary BenefitEmployer LiabilityAppellate Procedure
References
25
Case No. E2007-02602-SC-R11-CV
Regular Panel Decision
Sep 20, 2010

Gerry G. Kinsler v. Berkline, LLC - Concurring

The Supreme Court of Tennessee at Knoxville heard an appeal in Gerry G. Kinsler v. Berkline, LLC, concerning a retaliatory discharge claim. Justice Cornelia A. Clark authored a concurring opinion, affirming the Court of Appeals' decision to deny summary judgment for the employer. The opinion clarifies the proper application of the McDonnell Douglas framework in conjunction with Tennessee's summary judgment procedures in employment discrimination and retaliation cases. Kinsler, terminated after rejecting a workers' compensation settlement, argued pretext in Berkline's stated reason of inability to perform job duties due to lifting restrictions. The court found genuine issues of material fact regarding the employer's stated reasons for termination, highlighting discrepancies in job requirements and potential disparate treatment.

Workers' CompensationRetaliatory DischargeSummary JudgmentPretextMcDonnell Douglas FrameworkEmployment DiscriminationCausationFunctional CapacityJob RequirementsLifting Restrictions
References
13
Case No. MISSING
Regular Panel Decision

Maritime Overseas Corp. v. Ellis

This concurring and dissenting opinion addresses an appeal in a toxic tort case where a plaintiff, Ellis, suffered injuries from exposure to diazinon while working as a steward's assistant. Justice Robertson concurs with the majority's decision to deny punitive damages and prejudgment interest, but strongly dissents from the majority's affirmation of $8.576 million in actual damages. The core of the dissent is the insufficiency of expert testimony to establish a scientific causal link between diazinon and delayed neurotoxicity, criticizing the reliance on general organophosphate studies without specific evidence for diazinon. The opinion also argues for a remittitur on the excessive and cumulative awards for future medical expenses, pain, mental anguish, and physical impairment.

Toxic TortOrganophosphate PoisoningDiazinon ExposureJones ActUnseaworthinessMaritime LawExpert TestimonyCausationDaubert StandardEpidemiological Studies
References
18
Case No. 03-10-00472-CV
Regular Panel Decision
Aug 10, 2012

City of Austin v. Ronnie Esparza

The opinion by Justice David Puryear serves as a concurring and dissenting statement to the majority's decision in a case involving the City of Austin and Ronnie Esparza. Justice Puryear concurs with the majority's handling of the first appellate issue but expresses strong disagreement with the remainder of the opinion. His dissent focuses on the perceived legal and factual insufficiency of evidence supporting the jury's finding that Esparza was disabled due to a work-related injury. Puryear argues that Esparza failed to adequately demonstrate a reduction in earning capacity at pre-injury wages, a key component of the Texas Labor Code's definition of "disability," beyond merely testifying about pain. He concludes that the evidence presented did not meet the required legal standard to affirm the jury's disability determination.

DisabilityWorkers' CompensationLegal SufficiencyFactual SufficiencyEarning CapacityPre-injury WageTexas Labor CodeAppellate ReviewJury VerdictBurden of Proof
References
23
Case No. 14-00-00391-CV
Regular Panel Decision
Dec 05, 2002

Certain Underwriters at Lloyd's NCS Inc Angela M. Smith, Individually and as Next Friend of Brandon William Hendrix a Minor v. Smith, Angela M. , Individually and as Next Friend of Brandon William Hendrix a Minor

This case involves an order from the Fourteenth Court of Appeals to withdraw previously issued opinions. The initial appeals, filed by Certain Underwriters at Lloyd's, London, and National Convenience Stores, Inc., against Angela M. Smith, were dismissed following a settlement involving a minor and subsequent approval by the trial court. While the court initially vacated its judgment but not the opinions, Angela M. Smith filed a motion for rehearing, which was granted, leading to the withdrawal of the Majority, Concurring, and Dissenting Opinions issued on April 25, 2002. Chief Justice Brister issued a dissenting opinion on this withdrawal, arguing against the narrow interpretation of 'insurable interest' in the context of employer-employee life insurance policies, particularly in light of modern business practices and legislative changes to the Texas Insurance Code. He highlighted concerns about the impact of a previous ruling (Tamez) on potential mass tort litigation and emphasized the need for a liberal construction of insurable interest to reflect current public policy and protect employers from uninsured losses.

Insurable InterestEmployer LiabilityWorkers' CompensationSettlementAppellate ProcedureCase WithdrawalDissenting OpinionTexas Insurance LawCommon Law InterpretationMass Tort Litigation
References
32
Case No. 05-18-00556-CV
Regular Panel Decision
May 03, 2019

Skeet Phillips v. Ray Clark

Justice Whitehill concurs with the majority's decision to dismiss the appeal for lack of jurisdiction but disagrees with their reasoning. The core argument is that the appellant, Skeet Phillips, did not base his summary judgment motion in the defamation case on the First Amendment, its Texas equivalent, or Civil Practice and Remedies Code Chapter 73. Therefore, the court lacks jurisdiction, and there is no need to analyze what constitutes 'electronic media' or the 'member of the electronic or print media' clause of Civil Practice and Remedies Code § 51.014(a)(6). The concurring opinion advocates for a straightforward application of statutory interpretation, arguing against unnecessarily expanding the scope of judicial inquiry when a clear jurisdictional deficiency exists.

defamationjurisdictionsummary judgmentstatutory interpretationelectronic mediaFirst AmendmentTexas ConstitutionCivil Practice and Remedies Codeinterlocutory appealplain meaning
References
17
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