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

Case No. 02-08-00210-CV
Regular Panel Decision
Aug 31, 2011

Lourdes Maria Vargas De Damian, Individually, as Next Friend to Nicole Denisse Damian Vargas, and as Representative of the Estate of Demetrio Damian Chen v. Bell Helicopter Textron, Inc.

Appellants, including family members of deceased pilots and passengers, filed a lawsuit against Bell Helicopter Textron, Inc. following a Bell 407 helicopter crash on January 27, 2000, in Panama. The lawsuit alleged strict products liability and negligence, specifically citing design defects in the helicopter's windshield and restraint system. The crash was caused by a black vulture penetrating the windshield, which incapacitated Captain Damian and resulted in fatalities. A jury found a design defect, negligence by both Bell and Captain Damian (50% responsibility each), and awarded damages. The trial court's final judgment was issued on February 28, 2008. On appeal, the court affirmed the portion of the trial court's judgment related to the claims on behalf of Gloria Gasperi's estate. However, it reversed and rendered judgment that other appellants take nothing. The appellate court found no federal preemption, ruled that the Panamanian statute of limitations did not bar the claims, and upheld the sufficiency of evidence for the seatbelt design defect and Captain Damian's comparative negligence. Conversely, the court found insufficient evidence for design defects related to the windshield and door mounts. Claims of juror misconduct were rejected due to legal prohibitions on juror testimony.

Helicopter crashProducts liabilityDesign defectNegligenceFederal preemptionComparative negligenceWrongful death claimsSurvival claimsStatute of limitationsJury misconduct
References
103
Case No. MISSING
Regular Panel Decision

Avila v. State

Samuel and Nilsa Avila, operating as Mundo Latino, appealed a judgment and permanent injunction issued after a jury trial initiated by the State of Texas under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA). The Avilas, who assisted Spanish-speaking individuals with immigration and tax matters without proper licensing, were found to have engaged in false, misleading, and deceptive practices. The jury found they unlawfully counseled on immigration and acted as notaries in prohibited ways. The trial court ordered them to pay $60,000 each for restitution and $100,000 each in penalties, plus attorneys’ fees. The appellate court affirmed the judgment and permanent injunction but modified the injunction by deleting an overbroad paragraph that restricted the Avilas' access to all financial assets, including those from legitimate business activities.

Unauthorized Practice of LawDeceptive Trade PracticesConsumer ProtectionImmigration ServicesNotary Public ViolationsPermanent InjunctionRestitutionCivil PenaltiesSufficiency of EvidenceHearsay Exception
References
23
Case No. 03-18-00233-CV
Regular Panel Decision
Aug 29, 2018

Armando Avila v. United Parcel Service, Inc.

Armando Avila appealed a trial court's summary judgment in favor of United Parcel Service, Inc. (UPS) concerning his employment termination. Avila sued UPS, alleging disability discrimination, failure to accommodate, and retaliation under the Texas Commission on Human Rights Act (TCHRA) and wrongful discharge/retaliation under the Texas Workers’ Compensation Act (TWCA). His termination followed a DWI arrest and issues with his occupational driver's license, which UPS deemed restrictive for a driver position due to safety and liability concerns. The appellate court affirmed the summary judgment, concluding Avila failed to create a material fact issue regarding his qualifications, UPS's legitimate non-discriminatory reasons for termination, or evidence of pretext for discrimination or retaliation. The court also found no abuse of discretion in denying Avila's motion for continuance.

Disability DiscriminationFailure to AccommodateRetaliationSummary JudgmentEmployment TerminationTexas Commission on Human Rights ActTexas Workers’ Compensation ActOccupational Driver's LicenseIgnition Interlock DeviceCollective Bargaining Agreement
References
73
Case No. 14-18-00531-CV
Regular Panel Decision
Aug 18, 2020

Carlos Damian v. PASA Housing Group, LLC Gurinda Akhtar

Carlos Damian appealed a summary judgment ruling in favor of Pasa Housing Group, LLC and Gurinda Akhtar concerning his fraud claims. Damian, an employee, alleged that after injuring his finger, he was falsely told by Pasa Housing that they lacked workers' compensation insurance, causing him significant mental anguish and delayed medical treatment, leading to an amputation. The trial court had previously granted summary judgment on negligence claims, which Damian did not challenge on appeal. The appellate court affirmed the summary judgment on the fraud claim, concluding that Damian provided insufficient evidence to prove that the alleged misrepresentation caused additional mental anguish or physical pain beyond the initial work injury.

fraud claimsummary judgmentworkers' compensationemployer misrepresentationmental anguish damagesphysical pain and sufferingcausationappellate reviewTexas lawpersonal injury
References
11
Case No. MISSING
Regular Panel Decision

Lawson-Avila Construction, Inc. v. Stoutamire

This case involves an appeal from a jury verdict in a lawsuit stemming from a construction site accident. Gregory Paul Stoutamire suffered fatal injuries, and Keith Schoolcraft sustained personal injuries. The appellees, Stoutamire's family and Schoolcraft, sued the general contractor, Lawson-Avila Construction, Inc., a subcontractor, and a crane operator for negligence and gross negligence. The jury found Lawson-Avila 40% negligent and awarded actual and exemplary damages. Lawson-Avila appealed, raising various points of error regarding legal duty, jury instructions, and the sufficiency and excessiveness of the gross negligence and exemplary damages findings. The appellate court affirmed the judgment, upholding the finding of a legal duty owed by Lawson-Avila and confirming the gross negligence and exemplary damage awards as proportionate. The court also reinstated a jury award for Schoolcraft's future physical impairment.

Construction AccidentWorkplace SafetyNegligenceGross NegligenceExemplary DamagesIndependent Contractor LiabilityPremises LiabilityDuty of CareOSHA RegulationsFactual Sufficiency
References
40
Case No. 13-13-00717-CV
Regular Panel Decision
Jan 14, 2015

Douglas Michael Bulthuis v. Jose Juan Avila

This case involves an appeal from the 370th Judicial District Court of Hidalgo County, Texas. Douglas Michael Bulthuis (Appellant) filed counterclaims against Jose Juan (J.J.) Avila (Appellee) alleging assault and defamation per se. A jury found Avila liable for defamation per se and awarded Bulthuis $750,000 in compensatory damages and $100,000 in exemplary damages, but no damages for the assault claim. The trial court, presided over by Honorable Noe Gonzalez, granted Avila's motion for judgment notwithstanding the verdict (JNOV), concluding the evidence was legally insufficient to support the jury's damage awards, and instead awarded Bulthuis only nominal damages of ten dollars. Bulthuis subsequently filed this appeal. Appellee Jose Avila's brief argues that the Thirteenth Court of Appeals should affirm the trial court's judgment due to Bulthuis's failure to present a complete reporter's record on appeal and the legal insufficiency of evidence for the jury's damage findings.

AppealJudgment Notwithstanding VerdictNominal DamagesDefamation Per SeLegal Sufficiency of EvidenceAppellate ProcedureMental Anguish DamagesLoss of Reputation DamagesExemplary DamagesCourt Costs
References
51
Case No. MISSING
Regular Panel Decision

Damian v. Bell Helicopter Textron, Inc.

This case involves an appeal stemming from a helicopter crash on January 27, 2000, where Appellants sued Bell Helicopter Textron, Inc. for strict products liability and negligence due to design defects in the Bell 407 helicopter. The jury found a design defect, negligence by Bell and Captain Damian, and awarded damages. Key issues on appeal included federal preemption of design defect claims, the Panamanian statute of limitations, standing for equitably-adopted children, and the capacity for survival claims. The court affirmed the judgment regarding Gloria Gasperi's estate claims but reversed and rendered a take-nothing judgment for other appellants due to insufficient evidence of safer alternative designs for the helicopter's windshield and door mounts. The court also upheld the jury's finding of comparative negligence against Captain Damian.

Products LiabilityNegligenceHelicopter CrashBird StrikeDesign DefectFederal PreemptionStatute of LimitationsWrongful DeathSurvival ClaimExpert Testimony
References
87
Case No. MISSING
Regular Panel Decision
Dec 18, 2012

Avila v. Astrue

Isabel Avila brought this action against the Commissioner of Social Security, challenging the denial of her Supplemental Security Income (SSI) benefits. Avila alleged disability due to arthralgias, major depressive disorder, and anxiety, but her application was denied by an Administrative Law Judge (ALJ), a decision affirmed by the Appeals Council. The District Court upheld the ALJ's determination regarding Avila's physical capacity for 'medium work,' citing reports from Dr. Hitzeman and Dr. Caiati. However, the Court found that the ALJ erred in evaluating Avila's mental impairments, specifically by improperly discrediting the opinion of her treating psychiatrist, Dr. Ibanez, without adequate justification or proper development of the administrative record. Consequently, the Commissioner’s decision is reversed, and the case is remanded for further proceedings to ensure a comprehensive review of the medical evidence.

Social Security BenefitsSupplemental Security IncomeDisability AppealMental ImpairmentDepressionAnxietyArthralgiaTreating Physician RuleALJ ErrorResidual Functional Capacity
References
16
Case No. MISSING
Regular Panel Decision

Webb v. Lawson-Avila Construction, Inc.

This appeal examines an indemnity clause within a contract between general contractor Lawson-Avila and subcontractor Palmer Steel Supplies. Lawson-Avila sought indemnification from Palmer Steel and its insurer, Employers Casualty Company, for exemplary damages incurred after being found grossly negligent in a prior lawsuit. The primary legal question was whether the contractual indemnity, which explicitly covered Lawson-Avila's own negligence, extended to its gross negligence. The court concluded that the clause intended to cover all degrees of negligence, including gross negligence, thereby obligating Palmer Steel to indemnify Lawson-Avila. Consequently, the trial court's judgment in favor of Lawson-Avila and its insurer, American General, was affirmed.

Indemnity clauseGross negligenceContractual indemnificationSubcontractor agreementExemplary damagesInsurance contractThird-party beneficiaryExpress negligence doctrinePublic policyTexas law
References
18
Case No. 04-17-00291-CV
Regular Panel Decision
Jul 31, 2018

Roberto Avila Rodriguez v. Panther Expedited Services Inc., Amigo Staffing, Inc., Dicex International, Inc.

Appellant Roberto Avila Rodriguez brought a negligence action against Panther Expedited Services, Inc., Amigo Staffing, Inc., and Dicex International, Inc., seeking to recover for injuries sustained while operating a forklift. The trial court granted summary judgment in favor of Dicex and Panther, dismissing Dicex’s third-party claims against Amigo Staffing as moot. Rodriguez appealed, challenging the summary judgments and the dismissal of Dicex's claims. The appellate court affirmed the summary judgment for Panther, finding no vicarious liability under federal motor carrier regulations or common law, and insufficient evidence of Panther's own negligence. However, the court reversed the summary judgment for Dicex and remanded that portion of the case, concluding that the Texas Workers' Compensation Act provision Dicex relied upon was inapplicable to the date of injury.

NegligenceSummary JudgmentWorkers' Compensation ActTemporary Employment ServicesFederal Motor Carrier Safety RegulationsVicarious LiabilityRespondeat SuperiorNondelegable DutyIndependent ContractorRight of Control
References
58
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