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

Case No. 2017 NY Slip Op 08460 [156 AD3d 404]
Regular Panel Decision
Dec 05, 2017

Clavin v. CAP Equipment Leasing Corp.

The Appellate Division, First Department, reversed a Supreme Court order, dismissing third-party claims for common law indemnification, contribution, and contractual indemnification. The court found that the plaintiff did not sustain a 'grave injury' as defined in Workers' Compensation Law § 11, making common law indemnification and contribution claims unsustainable against the employer. The claim for contractual indemnification was deemed unenforceable under General Obligations Law § 5-322.1, as it would indemnify CAP Rents for its own potential negligence. Additionally, the claim for failure to procure insurance was dismissed because the reservation contract did not expressly and specifically require Schiavone to name CAP Rents as an additional insured. CAP Equipment Leasing Corporation was also found to lack standing to enforce the contract.

indemnificationcontributiongrave injuryWorkers' CompensationGeneral Obligations Lawcontractual indemnificationinsurance procurementadditional insuredsummary judgmentnegligence
References
7
Case No. 07-02-0011-CV
Regular Panel Decision
May 19, 2003

Cresthaven Nursing Residence v. Freeman

This case involves an appeal in a health care liability claim where the appellees, daughters of Wanda Granger, sued Cresthaven Nursing Residence, Cantex Healthcare Centers, and its general partners for negligence that allegedly resulted in Granger's injury and death. A jury awarded $9 million, which was subject to a statutory damage cap. The appellate court initially found prejudgment interest was not subject to the cap and suggested remittiturs for excessive damages. However, on rehearing, the court modified its decision, aligning with a new Supreme Court ruling that prejudgment interest is included in the damage cap, and affirmed the judgment with an adjusted cap of $1,413,008.13. Key issues included the application of the damage cap, prejudgment interest calculation, spoliation instruction, and expert witness qualification.

Health Care LiabilityMedical MalpracticeNursing Home NegligenceWrongful DeathSurvival ActionDamage CapPrejudgment InterestSpoliation of EvidenceExpert Witness QualificationExcessive Damages
References
39
Case No. MISSING
Regular Panel Decision

Horizon/CMS Healthcare Corporation v. Auld

This case, heard by the Supreme Court of Texas, addresses whether statutory caps apply to punitive damages and prejudgment interest in health-care-liability claims. Lexa Auld, administratrix for Martha Hary, sued Horizon/CMS Healthcare Corporation for medical negligence at its nursing home. The Court affirmed that Texas Civil Practice and Remedies Code section 41.007 caps punitive damages, not Article 4590i, and clarified that Article 4590i’s cap does include prejudgment interest on damages subject to the cap. The decision also upheld the constitutionality of applying the cap to survival claims and Horizon's "health care provider" status, partially affirming and partially reversing the lower court's judgment.

Medical MalpracticeNursing Home NegligencePunitive DamagesActual DamagesPrejudgment InterestStatutory InterpretationDamages CapSurvival ActionHealth Care Liability ClaimConstitutional Law
References
32
Case No. MISSING
Regular Panel Decision
Jan 01, 2000

Hall v. Diamond Shamrock Refining Co., LP

This appeal arises from a survivor's cause of action for punitive damages following a refinery explosion at Diamond Shamrock's McKee Plant in Moore County, Texas, on April 1, 1996, which resulted in the death of employee Charles Otis Hall. The explosion was attributed to defective system design, inadequate procedures, untrained personnel, and covered drain valves. Donna Hall, Charles's widow, filed suit for punitive damages, and a jury awarded $42.5 million. The trial court capped the damages at $200,000, prompting Hall's appeal and Diamond Shamrock's cross-appeal. The appellate court found sufficient evidence of gross negligence against Diamond Shamrock. It also affirmed the applicability and constitutionality of the punitive damages cap and rejected Hall's waiver argument. However, the court found that the trial court erred in excluding evidence of compensatory damages, which were relevant for calculating the punitive damages cap under the statutory formula. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Punitive DamagesGross NegligenceWorkers' CompensationStatutory Damages CapAppellate ReviewExtreme RiskConscious IndifferenceRefinery ExplosionWrongful DeathEvidentiary Error
References
27
Case No. 2024 NYSlipOp 01444 [225 AD3d 1189]
Regular Panel Decision
Mar 15, 2024

Jesmain v. Time Cap Dev. Corp.

Plaintiff Connor B. Jesmain was injured at a construction site on property owned by 980 James Street, LLC, while moving a stack of drywall panels that fell on his ankle. He commenced a Labor Law and common-law negligence action against Time Cap Development Corp. and 980 James Street, LLC (980 James defendants), and Interior Builders Framing and Drywall LLC. The 980 James defendants also sought contractual indemnification against third-party defendant Syracuse Energy Systems, Inc. The Appellate Division modified the Supreme Court's order, reinstating Labor Law §§ 240 (1) and 241 (6) causes of action due to issues of fact regarding safe storage and a dangerous material pile. The court also granted summary judgment dismissing Labor Law § 200 and common-law negligence claims against 980 James, denied contractual indemnification for 980 James defendants against Syracuse Energy, and granted summary judgment dismissing 980 James defendants' cross-claim for contractual indemnification against Interior Builders. The decision affirmed the denial of Interior Builders' motion to dismiss the amended complaint and other cross-claims.

Construction Site InjuryDrywall AccidentLabor Law § 240(1)Labor Law § 241(6)Labor Law § 200Common-Law NegligenceSummary JudgmentContractual IndemnificationThird-Party ActionAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

Rio Grande Regional Hospital, Inc. v. Villarreal

This appeal concerns a wrongful death and survival action arising from a health care liability claim. Appellees, the family of Hermes Villarreal, sued Rio Grande Regional Hospital, Inc. and Columbia Rio Grande Healthcare, L.P. after Hermes committed suicide while hospitalized for severe headaches and anxiety. A jury found the hospital 75% responsible, awarding damages subsequently capped by the trial court. Appellants challenged the sufficiency of evidence regarding foreseeability and causation of the suicide, and the rejection of their affirmative defense. Appellees cross-appealed regarding Hermes's proportionate responsibility and the application of damage caps. The appellate court affirmed the trial court's judgment, upholding the jury's findings and the trial court's application of statutory damage caps.

Medical MalpracticeWrongful DeathSuicideHospital NegligenceHealth Care LiabilityCausationForeseeabilityDamage CapsProportionate ResponsibilityNurses' Standard of Care
References
87
Case No. 13-08-00542-CV
Regular Panel Decision
Sep 30, 2010

Rio Grande Regional Hospital, Inc. and Columbia Rio Grande Healthcare, L.P. D/B/A Rio Grande Regional Hospital v. Diana Lopez Villarreal, Individually and as Representative of the Estate of Hermes Villarreal, and as Next Friend of Sarah Villarreal, Lauren Villarreal, and Hermes Alejandro Villarreal, Minors, and Hermelinda Villarreal, Indvidually

This appeal stems from a wrongful death and survival action based on a health care liability claim against Rio Grande Regional Hospital for the suicide of Hermes Villarreal while under their care. The jury concluded the hospital was 75% responsible, and the trial court awarded damages, applying statutory caps. Appellants (hospital) argued lack of evidence for foreseeability and causation, and that Hermes's suicide was an intervening cause. Appellees (Villarreal family) cross-appealed regarding Hermes's proportionate responsibility and the application of damage caps. The Court of Appeals affirmed the judgment, finding sufficient evidence to support the jury's verdict on causation and foreseeability, and that the suicide was not a superseding cause. The court also held that both sections 74.301(b) and 74.303 of the Texas Civil Practice and Remedies Code should be applied for damage caps.

Medical MalpracticeWrongful DeathSuicideHospital NegligenceForeseeabilityCausationIntervening CauseSuperseding CauseDamage CapsComparative Negligence
References
79
Case No. 04-06-00417-CV
Regular Panel Decision

Casas v. Paradez

This medical malpractice survival action was brought by Rosamarie Paradez, daughter of the deceased Tranquilino Mendoza, against Sylvia Casas, Robert Gundling, and the Summit Care entities. Mendoza, an 81-year-old resident of Comanche Trail Nursing Center, was brutally beaten by his roommate, Gerónimo Vela, who had a history of violence and was admitted despite staff warnings and lack of proper facilities. Appellants raised issues including denial of new trial motions, insufficient evidence for damages, excessive damages, and improper application of bankruptcy court orders and damages caps for health care providers. The court affirmed the trial court's judgment, finding sufficient evidence for damages, no incurable jury argument, proper application of the bankruptcy order, and correct application of damages caps based on the accrual date of the cause of action and per-defendant liability.

Medical MalpracticeNursing Home NegligenceElder AbusePersonal InjuryDamages CapExemplary DamagesFactual SufficiencyJury ArgumentAppellate ReviewComparative Negligence
References
35
Case No. MISSING
Regular Panel Decision

Brownsville Pediatric Ass'n v. Reyes

This medical malpractice case involves appellants Dr. Gloria Medina and Brownsville Pediatric Association, who were sued by Jaime Reyes on behalf of his son, Juan Pablo Reyes. Juan Pablo, born prematurely in 1978, suffered severe neurological impairments, including blindness and spastic paraplegia, which a jury found were proximately caused by Dr. Medina's negligence during his care as a newborn. The jury awarded over $8,000,000 in damages, primarily for future medical care. On appeal, the appellants challenged the sufficiency of evidence regarding medical causation and damages, several evidentiary rulings concerning the injection of insurance and prior lawsuits, and the imposition of prejudgment interest against Brownsville Pediatric Association. They also argued that the damage award violated a statutory cap. The appellate court affirmed the trial court's judgment, upholding the jury's findings on negligence and causation, the damage award, the trial court's evidentiary decisions, and the prejudgment interest calculation. The court also ruled that the statutory damage cap was unconstitutional, aligning with prior Texas Supreme Court decisions.

Medical MalpracticeNegligenceCausationDamagesFuture Medical ExpensesPrejudgment InterestStatutory CapSufficiency of EvidenceExpert TestimonyVentilation Management
References
43
Case No. MISSING
Regular Panel Decision

Waste Disposal Center, Inc. v. Larson

Waste Disposal Center, Inc. appealed a judgment for Soila Valdez and Michelle Larson concerning property damage, negligence, trespass, and nuisance. Cross-appellants, including Valdez, challenged the dismissal of claims against the Estate of Franklin F. Kelley and the jury charge on strict liability, and the constitutionality of the exemplary damages cap. The court affirmed the jury's finding of property damages but reversed the award for mental anguish, citing insufficient evidence. It also upheld the dismissal against the Kelley Estate on jurisdictional grounds and affirmed the constitutionality of the exemplary damages cap, thereby affirming in part and reversing and rendering in part.

Property DamageNegligenceTrespassNuisanceExemplary DamagesMental AnguishConstitutional LawOpen Courts ProvisionSeparation of PowersJury Verdict
References
38
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