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

Case No. 13-14-00726-CV
Regular Panel Decision
Jul 02, 2014

Latasha Freeman v. American K-9 Detection Services, L.L.C. and Hill Country Dog Center, L.L.C.

Latasha Freeman, a civilian contractor in Afghanistan, sued American K-9 Detection Services, LLC (AMK9) and Hill Country Dog Center, LLC (HCDC) for personal injuries after an alleged dog attack at a U.S. military base. AMK9, a military contractor providing canine detection services, filed a plea to the jurisdiction, asserting defenses based on the political-question doctrine, the combatant-activities exception to the Federal Tort Claims Act, absolute official immunity under the Westfall doctrine, and immunity under the Defense Production Act of 1950. The trial court granted AMK9's plea, dismissing both AMK9 and HCDC, a decision Freeman appealed. AMK9 argues the case is non-justiciable as it requires evaluating military decisions regarding kennel design and operations in a war zone, and that federal law preempts state tort claims against military contractors integrated with military operations.

Battlefield tortGovernment contractor liabilityPolitical question doctrineFederal Tort Claims Act (FTCA)Combatant activities exceptionAbsolute official immunityWestfall doctrineDefense Production Act of 1950Proportionate responsibilityMilitary operations
References
46
Case No. MISSING
Regular Panel Decision

Stevens v. Anatolian Shepherd Dog Club of America, Inc.

Rhea C. Stevens, an Anatolian Shepherd dog breeder, sued the Anatolian Shepherd Dog Club of America, Inc. (ASDCA) for specific performance, exemplary damages, and attorney's fees after her membership application was denied, despite her membership fee being retained. Stevens claimed a breach of contract, arguing that the ASDCA had offered membership to dog owners and she met the criteria, while the club contended sponsor endorsements were required by its bylaws. The trial court entered a take-nothing judgment against Stevens, ordering only a refund of her $30 membership fee. On appeal, Stevens raised five issues, challenging the trial court's refusal to recognize a contract, its holding that contract law did not apply, its failure to award specific performance, denial of a new trial, and refusal to award attorney’s fees. The appellate court affirmed the trial court's judgment, concluding that the trial court properly exercised its discretion in declining jurisdiction over the internal affairs of a voluntary non-profit association, as Stevens failed to demonstrate sufficient pecuniary harm to warrant judicial intervention.

Contract LawVoluntary AssociationsJudicial Non-InterferenceMembership DisputeSpecific PerformanceAttorney's FeesAbuse of DiscretionAppellate ReviewNon-Profit OrganizationDog Breeders
References
21
Case No. 15-0932
Regular Panel Decision
Jun 29, 2018

American K-9 Detection Services, LLC and Hill Country Dog Center, Llc v. Latasha Freeman

This case addresses the applicability of the political question doctrine to a negligence claim against private military contractors. LaTasha Freeman, a civilian clerk in Afghanistan, was bitten by an explosive-detection dog, Kallie, owned by American K-9 Detection Services, LLC and Hill Country Dog Center, LLC. Freeman alleged negligent training and failure to restrain the dog. The defendants argued the Army's kennel design, used under military orders, caused the incident. The Supreme Court of Texas determined that adjudicating the case would require reexamination of military decisions regarding the equipping and control of military forces, particularly kennel design and construction. Concluding that these decisions are professional military judgments insulated from judicial review, the court held the claim nonjusticiable, reversed the appellate court's judgment, and dismissed all claims.

Political Question DoctrineMilitary ContractorsNonjusticiable ClaimsSeparation of PowersTexas Supreme CourtMilitary DecisionsNegligence ClaimsDog Bite InjuryAfghanistan War ZoneDefense Base Act
References
26
Case No. NO. 14-22-00879-CV
Regular Panel Decision
Aug 13, 2024

Lasonthia Sandles, Individually as as the Personal Representative of the Estate of Christine Rollins v. Deanna Louise Laskoskie, as Administrator of the Estates of George Delbert Laskoskie, Sr., and Louise Clymer Laskoskie

Lasonthia Sandles appealed a no-evidence summary judgment in her claims against Deanna Louise Laskoskie, administrator of the estates of George and Louise Laskoskie, stemming from the fatal injury of Christine Rollins. Rollins, an in-home caregiver for the Laskoskies, died after being attacked by animals on their property, with conflicting theories on whether dogs initiated the attack before feral hogs. The appellate court affirmed the summary judgment, agreeing that Sandles's expert report on dog involvement was conclusory and lacked scientific basis. The court found insufficient evidence, beyond mere surmise, to establish causation by the dogs for Sandles's claims of strict liability, negligent handling, or premises liability. The judgment highlighted that abundant evidence pointed towards wild hogs as the primary cause of Rollins's death.

Summary Judgment AppealNo-Evidence Summary JudgmentExpert Testimony ReliabilityConclusory EvidenceCausation ElementStrict Liability ClaimNegligent Handling ClaimPremises Liability ClaimAnimal Attack LitigationFeral Hog Attack
References
20
Case No. MISSING
Regular Panel Decision

In Re Terrorist Attacks on September 11, 2002

This Discovery Order, arising from consolidated actions related to the September 11, 2001 terrorist attacks, addresses disputes between the Ashton and Burnett plaintiffs and defendant National Commercial Bank (NCB). Magistrate Judge Maas ruled on the scope of limited jurisdictional discovery concerning NCB's contacts with the United States, an alleged 1998 audit, and customer bank records. The court granted discovery for a six-year period preceding the lawsuits regarding NCB's U.S. presence and ordered NCB to investigate and produce any existing 1998 audit. However, requests for underlying audit documents and specific customer bank records tied to Al Qaeda were denied due to an insufficient prima facie showing of conspiracy.

Discovery DisputeJurisdictional DiscoveryPersonal JurisdictionForeign Sovereign Immunities ActFSIAMinimum ContactsConspiracy TheorySeptember 11 AttacksNational Commercial BankSaudi Arabian Banks
References
16
Case No. MISSING
Regular Panel Decision
Jul 15, 1988

Garcia v. Paradise Guard Dogs, Inc.

The case involves a plaintiff, a dog groom, who was hired as an independent contractor by the defendant, a kennel operator. The plaintiff was attacked by a pit bull named Samson, a security animal boarded at the defendant's facility, while guiding it back to its cage. The trial court instructed the jury that a person keeping a dangerous animal is presumed negligent, and the plaintiff did not need to prove negligence. The appellate court found this instruction erroneous given the plaintiff was a professional kennel worker aware of the risks. The court reversed the judgment and remanded for a new trial, stating that the issue of defendant's negligence should not have been taken away from the jury.

Dog Bite InjuryProfessional NegligenceIndependent ContractorPremises LiabilityJury InstructionsReversed and RemandedAssumption of RiskKennel OperationsDangerous Animals
References
0
Case No. M2022-01787-COA-R3-CV
Regular Panel Decision
Dec 03, 2024

Rebecca Hudson v. Paul Gravette

A kennel technician filed a personal injury action against dog owners after being attacked by their dogs while at her workplace. The trial court initially granted summary judgment to the dog owners on both statutory and common law negligence claims. On appeal, the Court of Appeals affirmed the summary judgment on the statutory claim, determining that the boarding facility, Chasing Tails Pet Farm, qualified as a "statutory owner" at the time of the incident due to its regular control and benefit from the dogs' presence. Consequently, the legal owners, the Gravettes, were not liable under the strict liability dog bite statute. However, the appellate court reversed the summary judgment on the common law negligence claim, holding that the dog bite statute does not abrogate such claims against legal owners who had knowledge of their dogs' vicious propensities. The case was remanded for further proceedings consistent with this opinion.

Dog BitePersonal InjurySummary JudgmentAppellate ReviewStatutory InterpretationCommon Law NegligenceDog Owner LiabilityStrict LiabilityWorkers' Compensation ExclusivityRemand
References
29
Case No. MISSING
Regular Panel Decision
Aug 08, 2000

Goldberg v. Lorusso

Joel Goldberg, a realtor, sustained a broken hip after being attacked by a German Shepard named Lupo at the home of Robert and Rose LoRusso, which he was attempting to preview for sale. Despite a "Beware of Dog" sign, the property listing indicated the dog would be secured, yet Lupo was unrestrained due to a communication lapse. The Supreme Court initially granted summary judgment to the defendants, finding no prior vicious propensities from the dog. However, the appellate court reversed this decision, reinstating Goldberg's complaint. The court ruled that a factual issue existed regarding the foreseeability of danger posed by an unrestrained dog in a house listed for public viewing by unaccompanied realtors, noting that the defendants usually secured the dog, indicating their awareness of potential issues.

Dog attackPersonal injuryNegligencePremises liabilityProperty owner liabilitySummary judgmentForeseeabilityRealtor injuryGerman ShepardAppellate review
References
8
Case No. MISSING
Regular Panel Decision

Mason v. Texas Employers' Insurance Ass'n

Charlie Mason, a 53-year-old truck driver, died of a heart attack while working a night shift in freezing weather. His widow filed a worker's compensation claim, asserting the heart attack was an occupational disease or an accidental injury resulting from his strenuous work conditions and long hours. The jury determined Mason had a heart attack but found it did not occur in the course of his employment. The appellate court affirmed the trial court's 'take nothing' judgment, finding no error in the jury instructions regarding the definition of 'occupational disease' or the refusal to include a specific definition of 'accidental injury'.

Worker's CompensationHeart AttackOccupational DiseaseCourse of EmploymentJury InstructionsAccidental InjuryAppellate ReviewCausationTexas LawTruck Driver
References
6
Case No. MISSING
Regular Panel Decision

Western Casualty & Surety Co. v. Dickie

This worker's compensation case concerns James Rhabb Dickie, an appellee, who suffered a heart attack while working as a carpenter. He sued for total and permanent disability benefits and medical expenses, claiming the heart attack was work-related. The appellant, Western Casualty and Surety Co., appealed the trial court's judgment, arguing insufficient evidence of 'strain, overexertion, or shock' and a defective jury charge. The appellate court affirmed the trial court's decision, finding adequate evidence that Dickie's physically taxing work and the work environment causally contributed to his heart attack, and that the jury instruction on causation was proper.

Worker's CompensationHeart AttackOccupational InjuryDisability BenefitsMedical ExpensesCausationStrainOverexertionJury VerdictAppellate Review
References
5
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