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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Lopes v. Adams

Plaintiffs Domingos F. Nunes and Manuel Vieira, construction workers, sustained personal injuries when struck by a vehicle while working on the Van Wyck Expressway. They brought a negligence action against the vehicle's owners/operators (Adams) and the general contractor, J. C. P. Contracting Corp., alleging failure to provide a safe workplace. The trial court set aside a jury verdict against J. C. P. and dismissed the complaint against them, attributing sole causation to the vehicle operator. On appeal, the court determined that the trial court erred in setting aside the verdict. Consequently, the judgment was modified to reinstate the jury's verdict in favor of Nunes and Vieira against J. C. P. Contracting Corp., with costs awarded to the plaintiffs against J. C. P. Contracting Corp.

NegligencePersonal InjuryConstruction AccidentSafe Place to WorkJury Verdict ReinstatementAppellate ReviewTrial Court ErrorProximate CauseMotor Vehicle AccidentGeneral Contractor Liability
References
0
Case No. 01-21-00008-CV
Regular Panel Decision
Aug 29, 2024

Sealy Emergency Room, L.L.C. and Kannappan Krishnaswamy, M.D. v. Dr. Atul Dhingra, Dr. Swapan Dubey and Dr. Sanjeev Dubey

Appellants Sealy Emergency Room, L.L.C., and Dr. Kannappan Krishnaswamy appealed a trial court's summary judgment in favor of appellees Free Standing Emergency Room Managers of America, L.L.C., Dr. Atul Dhingra, Dr. Swapan Dubey, and Dr. Sanjeev Dubey. The dispute arose from a management agreement for an emergency room, with appellants bringing counterclaims and third-party claims for breach of contract, fraud, fraudulent inducement, and negligence. After a previous dismissal for lack of appellate jurisdiction was reversed by the Texas Supreme Court, the First District of Texas Court of Appeals reviewed the merits. The court found that the appellants failed to raise a genuine issue of material fact on any of their claims, concluding that the alleged breaches of contract were not supported by the agreement's plain language or that the best-efforts clause was unenforceable. Furthermore, claims of fraud and negligence were not substantiated or were barred by the economic loss rule. Therefore, the appellate court affirmed the trial court's summary judgment.

Contract DisputeSummary JudgmentAppellate ReviewBreach of ContractFraudFraudulent InducementNegligenceEconomic Loss RuleTexas LawHealthcare Management
References
45
Case No. 2022-03-0563 (State File Nos. 800889-2022, 26980-2022)
Regular Panel Decision
Dec 04, 2023

Perez, Oscar v. J&J Tovar Construction, LLC

The employee, Oscar L. Romero Perez, suffered significant injuries while working for J&J Tovar Construction, LLC, which was uninsured for workers' compensation. Homestead Construction, Inc., a statutory employer, had a policy with Northstone Insurance Company, but Northstone filed a declaratory judgment action challenging its contract's validity. The trial court ordered J&J Tovar and/or Homestead to provide ongoing medical benefits. J&J Tovar appealed, arguing Northstone should be specifically ordered to pay. The Appeals Board affirmed the trial court's order, ruling that Northstone remains liable for benefits under Tennessee's Workers' Compensation Law unless and until a court of competent jurisdiction voids the insurance contract, and remanded the case for further proceedings.

Workers' CompensationStatutory EmployerInsurance Coverage DisputeDeclaratory Judgment ActionMedical BenefitsUninsured EmployerInterlocutory AppealAppeals Board DecisionTennessee LawJoint and Several Liability
References
6
Case No. 2007 NY Slip Op 27390
Regular Panel Decision
Sep 04, 2007

Matter of A. J.

The Administration for Children's Services (ACS) filed a petition alleging that four-year-old T.J. sustained multiple injuries, including a second-degree burn, while in the care of her biological parents, Toni N. and Tyrell J. The parents had previously been found to have abused T.J. The court found the parents' explanations for the injuries incredible and inconsistent with medical testimony from Dr. Philip Hyden, an expert in pediatrics and child abuse. The court entered findings of abuse against both parents for T.J. under Family Court Act § 1012 (e) (i) and derivative abuse findings for her siblings, J.W., J.N., A.J., A.N., and T.S., under Family Court Act § 1012 (e) (ii). Furthermore, the court determined that T.J. was "repeatedly abused" as defined by Social Services Law § 384-b (8) (b) due to the prior abuse findings and the unsuccessful efforts to rehabilitate the parents. However, derivative findings of repeated abuse were not made for the siblings.

Child AbuseRepeated AbuseDerivative AbuseFoster CareParental RightsFamily Court ActSocial Services LawPhysical InjuryMedical ExpertChild Protection Unit
References
10
Case No. 03-10-00019-CV
Regular Panel Decision
Oct 12, 2011

Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders and Patricia Logterman// Texas Youth Commission Cherrie Townsend in Her Official Capacity as Executive Director v. Texas Youth Commission Cherrie Townsend in Her Official Capacity as Executive Director// Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders

This case concerns challenges by current and former employees of the Texas Youth Commission (TYC) against the constitutionality of Senate Bill 103, which converted TYC employment from 'for-cause' to 'at-will.' The plaintiffs, including Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders, and Patricia Logterman, sought declaratory, injunctive, and monetary relief based on alleged wrongful termination, due process violations, defamation, and unconstitutional takings. The district court partially granted and denied TYC's plea to the jurisdiction. The appellate court affirmed the dismissal of Castillo's claims for lack of ripeness and the defamation and takings claims for all plaintiffs due to sovereign immunity. It reversed in part, allowing Alvarez-Sanders and Logterman to replead their wrongful-termination/due-process claims for equitable relief against a proper state official, and similarly reversed in part Brantley's wrongful-termination/due-process claim.

Employment LawPublic EmployeesAt-Will EmploymentFor-Cause EmploymentDue ProcessConstitutional LawRetroactive LegislationEx Post Facto LawBill of AttainderSovereign Immunity
References
37
Case No. 2019 NY Slip Op 06859
Regular Panel Decision
Sep 26, 2019

Matter of Sariyah L.J. (Antonio J.)

The Appellate Division, First Department, affirmed a Family Court order that denied Antonio J.'s motion to vacate a default order which determined him to be a notice-only father. The court found that Antonio J. failed to provide a reasonable excuse for his default, having chosen to attend a meeting with his shelter worker without notifying his attorney or the court. Furthermore, he failed to demonstrate a meritorious defense, as his affidavit did not establish substantial and continuous contact or financial support for the child, Sariyah L.J., in accordance with Domestic Relations Law § 111 [1] [d]. The appeal from the underlying August 20, 2018 order was dismissed as nonappealable.

Family LawPaternityDefault JudgmentVacaturParental RightsChild CustodyAppellate ProcedureDue ProcessInfant CaseMotion Practice
References
4
Case No. 03-15-00293-CV
Regular Panel Decision
Mar 31, 2015

Bob E. Woody v. J. Black's, LP And J. Black's GP, LLC

Bob E. Woody initiated a lawsuit against J. Black's, L.P. and J. Black's, G.P., L.L.C. concerning a commercial sublease, seeking its termination. J. Black's counterclaimed for breach of contract, asserting that Woody had improperly rejected their lease extension and declared them in default. The trial court initially granted multiple partial summary judgments in favor of J. Black's, finding Woody in breach and dismissing all of his claims. On appeal, the Amarillo Court of Appeals affirmed Woody's breach but remanded for a determination of whether J. Black's was ready, willing, and able to perform, a prerequisite for specific performance. Upon remand, the trial court found J. Black's met this condition and awarded specific performance of the sublease and attorney's fees to J. Black's.

Commercial LeaseSublease AgreementBreach of ContractSpecific PerformanceAttorney's FeesTexas LawReal Estate DisputeLease ExtensionSummary JudgmentAppellate Review
References
38
Case No. 12-18-00111-CV
Regular Panel Decision
Oct 29, 2018

in the Interest of J. G. and J. G., Children

R.G. appealed the termination of her parental rights concerning her two children, J.G.1 and J.G.2, challenging the trial court's denial of a continuance and a new trial, and the sufficiency of evidence for termination. The Department of Family and Protective Services initiated the termination due to allegations of domestic violence and drug use, with R.G. and some children testing positive for methamphetamine. R.G. consistently refused court-ordered drug tests and evaluations, citing distrust of the Department. The appellate court affirmed the trial court's judgment, finding no abuse of discretion and sufficient evidence to support the termination of parental rights in the children's best interest.

Parental Rights TerminationChild WelfareDue ProcessMotion for ContinuanceBest Interest of ChildSufficiency of EvidenceDrug AbuseDomestic ViolenceChild NeglectFamily Law
References
28
Case No. MISSING
Regular Panel Decision

Garcia v. J.J.S. Enterprises, Inc.

The Garcias, family of Rosario Michelle Garcia, appealed a summary judgment granted in favor of J.J.S. Enterprises, Inc., their employer, following Mrs. Garcia's death during a robbery at her workplace. Mrs. Garcia died after pursuing a shoplifter, contrary to company policy, and was run over by a fleeing vehicle. The Garcias brought a wrongful death suit, alleging employer negligence, while J.J.S. Enterprises asserted unforeseeability, lack of proximate cause, and a pre-injury waiver. The appellate court affirmed the trial court's summary judgment, ruling that the pre-injury waiver Mrs. Garcia signed was valid and enforceable, thereby barring the Garcias' negligence claims. This decision upheld that such waivers, made before June 17, 2001, are not against public policy under Texas law if the employee had actual knowledge of the waiver's terms.

Wrongful DeathNegligence ClaimSummary JudgmentPre-injury WaiverEmployee Welfare Benefit PlanOccupational AccidentNon-subscriber EmployerPublic PolicyExpress Negligence DoctrineFair Notice Requirements
References
24
Case No. 2017-06-0419
Regular Panel Decision
Sep 07, 2018

Lipske, David v. Adam's Wood Flooring, a/k/a Adam's Hardwood Flooring

David Lipske, the employee, filed a Request for Expedited Hearing claiming a work injury while allegedly employed by Adam's Hardwood Flooring. The employer, represented by Adam Shaw, denied Lipske's employment, asserting that Mike Shaw, a second cousin, was attempting to start his own business and was not acting on behalf of Adam's Hardwood Flooring. The Court determined that Mr. Lipske failed to provide sufficient evidence to demonstrate he was an employee of Adam's Hardwood Flooring, and therefore, denied his request for medical and temporary disability benefits. A scheduling hearing has been set for future proceedings.

Workers' CompensationEmployment DisputeExpedited HearingIndependent ContractorEmployee StatusScope of EmploymentTemporary DisabilityMedical BenefitsBurden of ProofTennessee Law
References
3
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