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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. E1999-00102-COA-R10-CV
Regular Panel Decision
May 31, 2000

D. A. Price v. P. C. Price

The Tennessee Court of Appeals reviewed a decision from the Blount County Circuit Court concerning a custody modification. The trial court had changed the children's physical custody from joint to sole custody for the mother, P. C. Price, primarily due to the father, D. A. Price, moving to Knoxville. Crucially, this change occurred during a hearing initially limited to determining if a temporary injunction, granting the mother temporary custody, should continue. The appellate court found that the trial court erred by making a permanent custody change without allowing both parties a full and fair hearing on the change of circumstances. Additionally, the appellate court determined there was no finding of irreparable harm to justify continuing the temporary injunction. As a result, the Court of Appeals reversed the trial court's judgment, reinstated the original joint custody arrangement, and remanded the case for a comprehensive trial on the custody modification issue.

Custody DisputeJoint CustodyChange of CustodyTemporary InjunctionIrreparable HarmAppellate ReviewRemandParental RelocationChild's Best InterestHomosexual Parent
References
10
Case No. MISSING
Regular Panel Decision

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
Case No. MISSING
Regular Panel Decision
Feb 21, 2006

Price v. Jefferson County

Larklynn Price, an African-American former employee of Jefferson County, brought an action alleging racial discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA) and equal protection violations under 42 U.S.C. § 1983. Price claimed discriminatory reassignments, a frozen salary, denied promotions, and wrongful termination due to her race. The County moved for summary judgment, citing Price's poor attendance, excessive personal telephone use, and issues with office filing. The court granted summary judgment for Jefferson County on Price's federal § 1983 claims, finding no evidence that she was treated differently than similarly situated individuals based on race, nor that her alleged injuries stemmed from a discriminatory official county policy or custom. The court also determined that Price's retaliation claim was not actionable under § 1983 via the Fourteenth Amendment. Consequently, Price's state law claims under the TCHRA were remanded to the 58th Judicial District Court of Jefferson County, Texas.

Racial DiscriminationRetaliationEmployment LawSummary JudgmentEqual Protection ClauseFourteenth Amendment42 U.S.C. § 1983Texas Commission on Human Rights ActStatute of LimitationsContinuing Violation Theory
References
230
Case No. MISSING
Regular Panel Decision
Jun 11, 2007

Willard J. Price Associates, LLC v. Stateside Construction, LLC

This case involves an appeal concerning the denial of Stateside's motion to dismiss indemnification and contribution claims brought by Price. Price, the site owner, had settled an underlying personal injury action and subsequently sued its construction manager, Stateside, based on an indemnity clause. Stateside argued that a conflict of interest warranted dismissal, stemming from a previous attorney disqualification in the underlying action where an attorney hired by Price's insurer sued Stateside. The court affirmed the denial of the motion to dismiss, distinguishing the current case by noting that while a key individual (Moragianis) wholly owned Proto (Price's property manager) and Stateside, he only held a minority interest in Price, thereby mitigating the alleged conflict of interest, especially with the retention of new, independent counsel.

IndemnificationContributionConflict of InterestAttorney DisqualificationCorporate OwnershipLLCInsuranceConstruction WorkerPersonal InjuryThird-Party Action
References
1
Case No. MISSING
Regular Panel Decision

Tex. Employers' Ass'n v. Price

This appeal concerns a worker's compensation claim filed by Price, a Texas employee of Goetting, who sustained an injury in New Mexico while on temporary assignment. Goetting held workers' compensation insurance in both Texas (with the appellant, Texas Employers’ Ins. Ass’n) and New Mexico. Price received compensation under the New Mexico policy, leading the appellant to contend against double recovery and that Price's claim was barred due to late filing. The court affirmed the judgment, ruling that Price was indeed a Texas employee covered by the Texas policy, that obtaining compensation under both state policies was not against public policy, and that sufficient good cause was demonstrated for the delay in filing due to Price's incapacitation and assurances from the insurer's agent. The court further upheld the method for calculating Price's compensation.

Workers' CompensationInterstate Employment InjuryInsurance Coverage DisputeTimeliness of ClaimGood Cause ExceptionDouble RecoveryTexas LawNew Mexico LawEmployer LiabilityMedical Assessment
References
16
Case No. MISSING
Regular Panel Decision
Aug 16, 2006

Superior Ice Rink, Inc. v. Nescon Contracting Corp.

The plaintiff contracted with Nescon Contracting Corp. for painting services and required to be named an additional insured under Nescon's liability policy. Nescon's insurance broker, Seigerman-Mulvey Company, Inc., issued a certificate indicating plaintiff was an additional insured, but the insurer, Merchants Mutual Insurance Company, later disclaimed coverage after workers were injured on the plaintiff's premises. The plaintiff sued Seigerman-Mulvey for breach of contract, alleging third-party beneficiary status. The Supreme Court denied Seigerman-Mulvey's motion to dismiss the complaint. However, the appellate court reversed, granting the motion to dismiss, holding that the plaintiff was not in privity of contract with Seigerman-Mulvey, was owed no duty by them, and failed to establish itself as an intended third-party beneficiary or demonstrate fraud, collusion, or other special circumstances for recovery.

Breach of ContractInsurance Broker LiabilityThird-Party BeneficiaryMotion to DismissAdditional InsuredPrivity of ContractAppellate ReviewInsurance Coverage DisclaimerCPLR 3211(a)(7)Pecuniary Loss
References
4
Case No. MISSING
Regular Panel Decision

In Re Cornwall Hill Realty, Inc.

The debtor, Cornwall Hill Realty, Inc., filed for Chapter 11 bankruptcy and moved to reject a consulting and management contract with Lori-Kay Management Corp. Cornwall argued the contract was executory under 11 U.S.C. § 365(a). Lori-Kay opposed, asserting the agreement was not an executory contract. The court found that Lori-Kay had no further duties to perform under the contract, as its stated obligations were discretionary and essentially provided a mechanism for additional purchase price payments to Lori-Kay, which was the former owner of the property. Therefore, the court concluded that the contract was not executory and denied Cornwall’s motion to reject it. Lori-Kay's claim was deemed an unsecured, fixed prepetition claim.

BankruptcyChapter 11Executory ContractContract RejectionSecured ClaimUnsecured ClaimPrepetition ClaimInstallment Sales ContractReal EstateSubdivision Approval
References
7
Case No. 14-11-00902-CV
Regular Panel Decision
Jul 19, 2012

Deandrew Price v. Uni-Form Components Company

Deandrew Price, a temporary employee provided by AGL Elite Business Solutions, appealed a summary judgment granted in favor of Uni-Form Components Company (UCC) in his negligence suit. Price sustained a severe foot injury while working as a machine operator at UCC. UCC asserted the affirmative defense of exclusive remedy under the Texas Workers’ Compensation Act (TWCA), claiming Price was a temporary employee covered by its workers' compensation insurance and presented a certificate of insurance. Price challenged the coverage, arguing UCC failed to produce the full policy and that his personal affidavit indicated no workers' compensation involvement from UCC. The appellate court affirmed the trial court's decision, finding UCC sufficiently established coverage through the certificate and affidavit, noting that an employer cannot split its workforce regarding workers' compensation coverage and that premium payment issues do not affect an employee's coverage.

Workers' CompensationSummary JudgmentExclusive Remedy ProvisionTemporary EmployeeBorrowed Servant DoctrineNegligenceInsurance CoverageTexas Labor CodeAppellate ReviewEmployer Liability
References
17
Case No. MISSING
Regular Panel Decision

Price v. Texas Employers' Insurance Ass'n

Appellant Bonnie F. Price appealed a summary judgment granted in favor of Texas Employers’ Insurance Association (TEIA) concerning her claim of bad faith in handling two workers' compensation claims. Price's initial workers' compensation claims were settled in March 1988, after which she initiated a separate bad faith claim against TEIA. TEIA successfully moved for summary judgment in the trial court, asserting that Price's bad faith claim was barred by res judicata/collateral estoppel due to the prior settlement judgment, that her previous agreements constituted judicial admissions, and that evidence negated essential elements of her bad faith claim. The appellate court reviewed the summary judgment, focusing on the applicability of collateral estoppel and judicial admissions stemming from the prior workers' compensation settlement. Ultimately, the appellate court affirmed the trial court's summary judgment, concluding that TEIA had successfully proven its affirmative defenses and negated elements of Price's bad faith claim.

Summary JudgmentWorkers' CompensationBad Faith ClaimDuty of Good Faith and Fair DealingRes JudicataCollateral EstoppelJudicial AdmissionSettlement AgreementAppellate ReviewInsurance Carrier Liability
References
11
Case No. MISSING
Regular Panel Decision

A&V 425 LLC Contracting Co. v. RFD 55th Street LLC

Plaintiff A&V 425 LLC Contracting Co. sought to foreclose upon 76 mechanic’s liens filed against condominium units and asserted claims for breach of contract and quasi-contractual remedies. The defendants, including RFD 55th Street LLC and individual unit owners, moved to discharge the liens and dismiss the causes of action. The court granted the motion to dismiss all four causes of action. The mechanic's liens were found invalid under Lien Law § 13 (5) as the deeds of conveyance to third-party purchasers contained the required trust fund provision and were recorded before the liens were filed. The breach of contract claim against non-parties was dismissed due to lack of privity and insufficient allegations for piercing the corporate veil. The quasi-contractual claims were also dismissed as a valid written contract existed covering the disputed subject matter.

Mechanic's LiensLien LawMotion to DismissBreach of ContractQuasi-ContractQuantum MeruitUnjust EnrichmentCorporate Veil PiercingPrivity of ContractConstruction Law
References
17
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