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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

Rodarte v. Cox

Pablo Rodarte and Rosa Trevino appealed a judgment terminating their parental rights over their daughter, Jessica Trevino. Jessica was initially removed from her parents' care as an infant due to 'failure to thrive' and neglect, leading to her placement with foster parents, the Coxes, through the Texas Department of Human Services (TDHS). After over two years with the Coxes, TDHS attempted to return Jessica to her biological parents, prompting the Coxes to intervene and seek termination of parental rights and adoption. The appellate court affirmed the trial court's judgment, finding the Coxes had standing, the evidence supported the termination, and the natural parents' due process and constitutional rights were not violated.

Parental Rights TerminationChild NeglectFailure to ThriveFoster CareInterventionStandingDue ProcessChild Welfare ActJury MisconductAbuse of Discretion
References
32
Case No. 02-19-00370-CV
Regular Panel Decision
Dec 03, 2020

Kyra Robinson v. Heidi Bruegel Cox

Kyra Robinson sued her coworker, Heidi Bruegel Cox, for bodily injuries sustained when Cox's border collie bit her at their workplace. Robinson's petition claimed strict liability and gross negligence against Cox. After receiving workers' compensation benefits from Gladney's compensation carrier, Robinson proceeded to sue Cox for the same injury. Cox moved for summary judgment, arguing the claim was barred by the exclusive-remedy provision of the Texas Workers’ Compensation Act. The trial court granted Cox's motion for summary judgment. On appeal, Robinson challenged this, contending that Cox's act of bringing the dog to work was not within the scope of her employment, thus making the exclusive-remedy provision inapplicable. The Court of Appeals affirmed the trial court's judgment, finding that Cox's act of bringing the dog to Gladney to assist as a comfort dog, at the request of residents and staff, was within the course and scope of her employment, thereby extending the exclusive-remedy defense to Cox.

Workers' Compensation ActExclusive Remedy ProvisionSummary JudgmentCourse and Scope of EmploymentRespondeat SuperiorCoworker LiabilityDog Bite InjuryBodily Injury ClaimAppellate Court DecisionTexas Workers' Compensation
References
20
Case No. W2006-01009-COA-R3-CV
Regular Panel Decision
Dec 18, 2006

Oscar Sevilla v. Douglas Cox

Oscar Sevilla, an immigrant day-laborer with limited English, was injured in September 2002 while operating a tractor on Douglas Cox's property in Fayette County. Sevilla filed a complaint against Cox, alleging negligence and seeking workers' compensation or compensatory damages after the tractor rolled backward, pinning his leg. Cox moved for summary judgment, arguing Sevilla was an independent contractor and denying negligence or knowledge of any defect. The Circuit Court granted summary judgment for Cox. On appeal, the Court of Appeals of Tennessee affirmed the trial court's decision, finding that Sevilla failed to provide evidence that the tractor was defective or that Cox had notice of such a defect, thus failing to establish a breach of duty in the negligence claim.

NegligenceSummary JudgmentIndependent ContractorDuty of CareDefective EquipmentPremises LiabilityAppellate ReviewPersonal InjuryFarm AccidentTractor Accident
References
13
Case No. MISSING
Regular Panel Decision

City of Dallas v. Cox

The City of Dallas appeals from a trial court's judgment in a lawsuit initiated by the Coxes following the shooting death of Addison Police Officer Ron Cox by a Dallas Police Officer. The appeal challenges the trial court's imposition of significant discovery sanctions, including monetary penalties and striking Dallas's answer, due to repeated failures to comply with discovery requests, destruction of relevant records, and production of questionable evidence. Dallas also contested the subsequent default judgment on liability, the inclusion of an intervenor, the effect of an amended petition, the denial of automatic sanctions, the granting of a continuance, and the exclusion of evidence regarding Ron Cox's conduct. Additionally, Dallas challenged the jury's damages award for pain and suffering and psychological expenses, and the admission of a ballistic test report. The appellate court affirmed the trial court's judgment on all thirteen points of error, finding no abuse of discretion in the trial court's decisions regarding sanctions, liability, and evidentiary matters.

Discovery sanctionsPolice misconductExcessive forceCivil rightsWrongful deathTexas Tort Claims ActDefault judgmentAbuse of discretionPsychological recordsEvidence tampering
References
53
Case No. MISSING
Regular Panel Decision

Cox v. WASTE MANAGEMENT OF TEXAS, INC.

Appellant Eric Cox sued his employer, Waste Management of Texas, Inc., and his supervisor, Tony Wadley, for sexual harassment, retaliation, assault, and negligent retention or supervision. Cox alleged Wadley engaged in unwelcome romantic and sexual overtures, creating a hostile work environment. Waste Management conducted an investigation, suspended Wadley, and offered Cox alternative work arrangements, which Cox considered insufficient, leading to his resignation. The trial court granted summary judgment for both defendants. The appellate court affirmed the trial court's decision, finding no tangible employment action for quid pro quo harassment, that Waste Management took prompt remedial action for the hostile work environment claim, no adverse employment action for retaliation, no evidence for assault, and that negligent retention/supervision claims were barred by workers' compensation.

Sexual HarassmentHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentNegligent SupervisionNegligent RetentionEmployment DiscriminationTexas Labor LawAppellate Court Decision
References
55
Case No. MISSING
Regular Panel Decision

Cox v. County of Suffolk

Plaintiff Richard Cox sued Suffolk County, its Police Department, and several police officers under 42 U.S.C. § 1983 for alleged Fourth, Fifth, and Fourteenth Amendment violations, alongside state law claims. Cox's claims arose from his arrest and prosecution for sodomy, where he contended he was an unwilling participant. Defendants moved for summary judgment. The court granted summary judgment on Cox's state claims due to notice of claim and statute of limitations issues. For the Section 1983 claims, summary judgment was granted to the County and Police Department, and to the officers on false arrest and excessive force, but denied to the officers on malicious prosecution, finding their continued prosecution objectively unreasonable after exculpatory evidence emerged.

Section 1983Qualified ImmunityMalicious ProsecutionFalse ArrestExcessive ForceSummary JudgmentConstitutional RightsFourth AmendmentFifth AmendmentFourteenth Amendment
References
45
Case No. 03-21-00260-CV
Regular Panel Decision
Oct 06, 2023

Plan B. Holdings, LLC CIPE Real Estate Solutions, LLC And Cheryl Cox v. RSLLP, F/K/A Reed & Scardino LLP

RSLLP, a law firm, sued Plan B Holdings, CIPE Real Estate Solutions, and their owner Cheryl Cox for unpaid attorney's fees. The District Court found in favor of the law firm, awarding actual damages, attorney's fees, and sanctions against Cox for discovery abuse. On appeal, the Court of Appeals considered challenges regarding attorney's fees against LLCs, Cox's individual liability under various theories (breach of contract, sworn account, quantum meruit, and piercing the corporate veil), and the discovery sanctions. The appellate court affirmed the sanctions and Cox's personal liability for actual damages based on piercing the corporate veil due to her use of corporate entities to perpetrate actual fraud for personal benefit. However, it reversed the award of attorney's fees against the LLCs and, consequently, against Cox, as the old statutory language for Section 38.001 of the Texas Civil Practice and Remedies Code did not permit attorney's fees against LLCs.

Attorney's FeesCorporate Veil PiercingAlter EgoLimited Liability CompanyContract BreachQuantum MeruitSworn AccountDiscovery SanctionsActual FraudTexas Civil Practice and Remedies Code
References
63
Case No. 2-08-446-CV
Regular Panel Decision
Oct 29, 2009

Eric Cox v. Waste Management of Texas, Inc. and Tony Wadley

Eric Cox appealed the trial court's summary judgment in favor of Waste Management of Texas, Inc. and his supervisor, Tony Wadley. Cox had sued alleging sexual harassment, intentional infliction of emotional distress (IIED), and negligent retention or supervision. The court affirmed the summary judgment, ruling that Cox did not suffer a tangible employment action for quid pro quo harassment, Waste Management took prompt remedial action for the hostile work environment claim, and no adverse employment action occurred for the retaliation claim. The court also dismissed the assault and negligent retention/supervision claims, and noted the IIED claim against Wadley was not properly pleaded.

Sexual HarassmentHostile Work EnvironmentQuid Pro Quo HarassmentRetaliation ClaimConstructive DischargeSummary JudgmentAffirmative DefenseLabor CodeTexas Court of AppealsEmployment Discrimination
References
56
Case No. MISSING
Regular Panel Decision

Newton v. Cox

William P. Newton sued attorney James S. Cox to recover a portion of contingency fees charged in a medical malpractice case, alleging the fee exceeded the statutory limit set by Tenn.Code Ann. § 29-26-120. Cox charged 50% of a $225,000 settlement, while the statute limits fees to 33 1/3%. The trial court deemed the statute unconstitutional, but the Court of Appeals held no cause of action existed under the statute. The Supreme Court reversed, finding the statute does establish a cause of action, makes such contracts voidable, and is constitutional under equal protection, due process, and separation of powers clauses. The case was remanded to the trial court for proceedings consistent with this Opinion, with costs taxed against the defendant.

Medical MalpracticeAttorney FeesContingency Fee ContractStatutory InterpretationPublic PolicyVoidable ContractsConstitutional LawEqual ProtectionDue ProcessSeparation of Powers
References
31
Case No. MISSING
Regular Panel Decision

Howard P. Foley Co. v. Cox

Richard Cox sustained injuries while working with a defective electrical starter manufactured by Westinghouse at an Amoco Chemicals plant. He initiated a personal injury lawsuit, alleging negligence and strict products liability against multiple parties including Westinghouse, the general contractor C.F. Braun, and the plant owner Amoco. The jury found Westinghouse, Braun, and Amoco liable, with damages assessed at $400,000, and the trial court allocated these damages among them, requiring Howard P. Foley Company (Cox's employer and a subcontractor) to indemnify Amoco for one-third of the award and Westinghouse to pay two-thirds. Foley and Westinghouse appealed the damage allocation, raising points concerning contribution, indemnity, and evidentiary sufficiency. The appellate court affirmed the trial court's allocation method, upheld Braun's right to indemnity from Westinghouse, and modified the judgment to remove two Amoco employees who had no jury findings against them.

Personal InjuryStrict Products LiabilityNegligenceDamages AllocationIndemnityContributionWorker's CompensationComparative CausationContractual IndemnityDefective Product
References
15
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