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

Case No. 04-22-00453-CV
Regular Panel Decision
Oct 04, 2023

City of Laredo v. Fausto Torres

The City of Laredo appealed the trial court's denial of its plea to the jurisdiction in a case brought by Fausto Torres. Torres sued the City after a light pole fell on him, claiming negligence and gross negligence. The City argued the trial court lacked jurisdiction because Torres allegedly failed to comply with notice of claim requirements, the City did not own the property, and it lacked actual knowledge of the premises defect. The Fourth Court of Appeals determined that the light pole incident did not constitute a 'special defect' and therefore applied the 'premises defect' standard, which requires proof of the City's actual knowledge of the dangerous condition. Finding no evidence that the City had actual knowledge of the light pole's dangerous condition prior to the accident, the appellate court concluded that the trial court erred in denying the City's plea to the jurisdiction. Consequently, the court reversed the trial court's order, rendered judgment granting the City's plea to the jurisdiction, and dismissed the case for lack of jurisdiction.

Plea to the jurisdictionGovernmental immunityActual knowledgePremises defectSpecial defectTexas Tort Claims ActNotice of claimWorker's compensationLamp post fallNegligence
References
21
Case No. MISSING
Regular Panel Decision

Clayton W. Williams, Jr., Inc. v. Olivo

This case addresses the liability of a general contractor, Clayton Williams, Jr., Inc., and its on-site representative, Odis Graham, for injuries sustained by David Olivo, an employee of an independent contractor, Diamond M Onshore, Incorporated. Olivo was partially paralyzed after slipping on drill pipe thread protectors at an oil and gas lease operated by Williams in LaSalle County. The trial court initially found for the Olivos, and the court of appeals affirmed the actual damages while reversing exemplary damages. The Supreme Court of Texas determined the case involved a premises defect, not negligent activity, requiring the Olivos to establish the general contractor's right to control the defect-producing work and a breach of duty according to traditional premises defect elements. However, the Olivos failed to obtain proper jury findings on these essential elements, having only submitted a simple negligence question regarding Graham. Consequently, the Supreme Court reversed the court of appeals' judgment and rendered a judgment that the Olivos take nothing.

Premises LiabilityIndependent Contractor LiabilityGeneral Contractor DutyNegligenceRespondeat SuperiorJury ChargePremises DefectControl of WorkWorker InjuryOil and Gas Lease
References
22
Case No. 03-03-0111-CV
Regular Panel Decision
Dec 04, 2003

State v. Ricky Shumake and Sandra Shumake, Individually and as Personal Representatives of the Estate of Kayla Shumake

A child drowned in a culvert at Blanco State Park. Her parents sued the Texas Department of Parks and Wildlife for wrongful death, alleging premise defect, nuisance, and attractive nuisance. The Parks Department claimed sovereign immunity under the Texas Tort Claims Act and the Recreational Use Statute. The appellate court affirmed the denial of the plea to the jurisdiction regarding the premise defect claim, finding sufficient allegations of gross negligence based on the duty owed to a known trespasser. However, it reversed the denial for the nuisance and attractive nuisance claims, ruling immunity was not waived for those. The court also held the Recreational Use Statute constitutional and applicable even with an entrance fee.

Sovereign ImmunityTexas Tort Claims ActRecreational Use StatutePremise DefectAttractive NuisanceGross NegligenceKnown TrespasserWrongful DeathState Park LiabilityAppellate Review
References
35
Case No. 14-09-00244-CV
Regular Panel Decision
Jun 15, 2010

Texas Department of Transportation v. Olivares

The Texas Department of Transportation (TxDOT) appealed the trial court's denial of its plea to the jurisdiction in a wrongful death lawsuit. Appellees Zuleima and Pedro Olivares brought claims after Pedro Olivares, Jr. was killed by an intoxicated wrong-way driver on the Westpark Tollway. The claims against TxDOT included premise defects related to traffic control devices and roadway design, as well as a joint-enterprise theory of liability. The Court of Appeals partially affirmed the trial court's denial for some joint-enterprise claims, reversed and rendered dismissal for other joint-enterprise claims, and reversed and remanded several premise defect claims to allow appellees an opportunity to amend their pleadings to establish jurisdiction.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActPlea to the JurisdictionPremise DefectNegligent ImplementationTraffic Control DevicesRoadway DesignJoint EnterpriseWrongful Death
References
67
Case No. 14-03-01135-CV
Regular Panel Decision
Dec 02, 2004

Rosie Riston v. City of Houston

Rosie Riston, a Continental Airlines employee, sued the City of Houston for negligence after being struck by an elevator door at Bush Intercontinental Airport. The trial court granted the City's plea to the jurisdiction and dismissed the case. On appeal, the court found that the trial court erred in dismissing based on Riston's alleged failure to comply with the Texas Tort Claims Act's notice requirements, citing recent precedent. While Riston's claim was a premises defect case requiring specific pleadings for licensee duty, the appellate court determined that her pleadings did not affirmatively negate subject-matter jurisdiction. Consequently, the appellate court reversed the trial court's judgment and remanded the case, allowing Riston an opportunity to amend her petition to establish jurisdiction for both her premises defect and Section 1983 claims.

Texas Tort Claims ActSovereign ImmunityPlea to JurisdictionPremises DefectNegligenceSubject-Matter JurisdictionNotice RequirementsElevator AccidentGovernmental LiabilityLicensee Duty
References
8
Case No. 01-04-00095-CV
Regular Panel Decision
Jul 07, 2005

Daniel Lopez v. the Homebuilding Company, Inc., and Francis Edmon Waddle

Daniel Lopez, who sustained injuries from a fall while performing stone masonry work, appealed a final summary judgment rendered in favor of The Homebuilding Company, Inc. and Francis Edmon Waddle (Homebuilding). The judgment dismissed Lopez’s negligence and gross negligence claims. Homebuilding argued Lopez was an employee of an independent contractor, to whom they owed no legal duty. Lopez contended the trial court erred by granting summary judgment due to fact issues on Homebuilding's control over his work, unaddressed premises-defect theory, and the potential extension of the "deemed employer" doctrine. The appellate court affirmed the trial court’s judgment, concluding Lopez failed to raise a fact issue on premises-defect or actual control by Homebuilding, and waived the "deemed employer" argument.

Summary JudgmentNegligence ClaimsGross Negligence ClaimsIndependent ContractorPremises LiabilityGeneral Contractor DutyRight of ControlFall ProtectionSubcontractor LiabilityAppellate Review
References
17
Case No. 03-03-00111-CV
Regular Panel Decision
Apr 15, 2004

STATE EX REL. DEPT. OF PARKS v. Shumake

A child tragically drowned in a man-made culvert within Blanco State Park, leading her parents, Ricky and Sandra Shumake, to file a wrongful death lawsuit against the State of Texas, acting through the Texas Department of Parks and Wildlife. The Shumakes alleged the culvert constituted a special or premise defect and a nuisance. The Parks Department sought dismissal based on sovereign immunity, asserting protection under the Texas Tort Claims Act and the Recreational Use Statute. The appellate court reversed the trial court's denial of immunity for the nuisance claims but affirmed the denial for the premise defect claim, finding the Shumakes sufficiently alleged gross negligence under the duty owed to a known trespasser. The court also upheld the constitutionality and applicability of the Recreational Use Statute despite the entrance fee.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActRecreational Use StatutePremise DefectSpecial DefectGross NegligenceWrongful DeathAttractive NuisanceKnown Trespasser
References
0
Case No. MISSING
Regular Panel Decision

State v. Ricky Shumake and Sandra Shumake, Individually and as Personal Representatives of the Estate of Kayla Shumake

A child drowned in a culvert in Blanco State Park while swimming. Her parents, Ricky and Sandra Shumake, sued the Parks Department for wrongful death, alleging special/premise defect, nuisance, and attractive nuisance, claiming waiver of sovereign immunity under the Texas Tort Claims Act. The Parks Department argued immunity under the Recreational Use Statute. The district court denied the plea to the jurisdiction but found the Recreational Use Statute unconstitutional as applied. This court reversed the unconstitutionality finding, upheld the Recreational Use Statute's applicability despite an entrance fee, and found no waiver of immunity for nuisance or attractive nuisance. However, the court affirmed the denial of the plea as to the premise defect claim, finding the Shumakes adequately alleged gross negligence under the known trespasser standard of care.

Wrongful DeathSovereign ImmunityTexas Tort Claims ActRecreational Use StatutePremise DefectNuisanceAttractive NuisanceGross NegligenceKnown TrespasserGovernmental Liability
References
36
Case No. No. 20-0505
Regular Panel Decision
Mar 11, 2022

in Re Eagleridge Operating, Llc

In this premises-defect case, Eagleridge Operating, LLC sought mandamus relief after a trial court struck its designation of Aruba Petroleum, Inc. as a responsible third party. Eagleridge contended that Aruba, a former wellsite owner-operator, held continuing responsibility for injuries from a burst gas pipeline under an independent contractor theory, despite having conveyed its ownership interest. The Supreme Court of Texas denied the petition, affirming the lower courts' decision that Occidental Chemical Corp. v. Jenkins was controlling. The Court reiterated that a property owner acts solely as an owner when improving its own property, and responsibility for premises defects generally transfers with the conveyance of ownership. The Court concluded that Aruba's compensation as operator of record did not transform its role from owner to independent contractor, and thus its responsibility terminated upon conveyance.

Premises liabilityMandamusResponsible third partyProperty ownershipOil and gas lawIndependent contractorOwner-operatorTexas Supreme CourtAppellate procedureCivil Practice and Remedies Code
References
28
Case No. 01-02-01108-CV
Regular Panel Decision
Dec 09, 2004

Dept. of Family and Protective and Regulatory Services v. Rachel Atwood

This dissenting opinion addresses a case where the Texas Department of Family and Protective Services (DFPS) appealed a trial court's denial of its plea to the jurisdiction. The underlying lawsuit was filed by the Atwoods following the drowning death of their three-year-old son, Jonathan, in a swimming pool at a licensed foster home. The panel majority concluded that the Texas Tort Claims Act did not waive DFPS's sovereign immunity for claims related to tangible property use or premises defects in foster homes. Justice Keyes dissents, arguing that foster parents, like the Roes, should be considered DFPS employees due to statutory and contractual control, thus waiving sovereign immunity under the Tort Claims Act for both premises defects and the use or misuse of tangible property. The dissent stresses the far-reaching implications for child protection in state custody and agency accountability.

Sovereign Immunity WaiverFoster Home LiabilityChild DrowningGovernmental ImmunityEmployee Status of Foster ParentsDFPS AccountabilityAgency Control over PremisesNegligent SupervisionIntegral Safety ComponentTexas Appellate Law
References
10
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