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

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. 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. W2013-02453-COA-R3-CV
Regular Panel Decision
Jun 30, 2015

Linda J. Russell, administrator of the Estate of Milford R. Russell, Jr. v. Illinois Central Railroad Company

Linda Russell brought a FELA action against Illinois Central Railroad Company for the death of her husband, Milford R. Russell, Jr., from throat cancer, alleging it was caused by occupational exposure to carcinogens at Illinois Central's maintenance shops in Memphis, Tennessee. A jury awarded her $4,255,000, later reduced to $3,335,685 due to a medical expense offset. Illinois Central appealed, challenging the admissibility of plaintiff's medical experts' causation opinions, the jury's causation finding, evidentiary rulings, and the denial of post-trial motions concerning the statute of limitations and counsel's alleged violations. Mrs. Russell cross-appealed the verdict reduction. The Court of Appeals affirmed the trial court's decision, finding no reversible error, and upheld the offset of medical expenses paid by the railroad's health insurance plan.

FELAOccupational ExposureCarcinogensThroat CancerAsbestosDiesel ExhaustEnvironmental Tobacco SmokeCausationExpert TestimonyDifferential Diagnosis
References
84
Case No. 2019-08-0191
Regular Panel Decision
Apr 28, 2021

Russell, Frederick v. Aluma Form, Inc.

Frederick Russell, an assembly technician for Aluma Form, Inc., suffered a left shoulder and neck injury in January 2018. The employer accepted a shoulder sprain but contested a labral tear and impingement. The Court reviewed conflicting medical testimony from Dr. Jones and Dr. Dalal regarding causation and impairment. The Court ruled that Mr. Russell successfully proved causation for his shoulder injury and that he was justified in seeking unauthorized treatment due to the employer's actions. Consequently, Aluma Form was ordered to pay permanent partial disability benefits of $11,879.49, temporary disability benefits of $9,308.86, and Mr. Russell's medical bills from Dr. Dalal and Memphis Surgery Center. Dr. Dalal was designated as the authorized treating physician for future medical benefits.

Shoulder InjuryLabral TearImpingement SyndromeMedical CausationPermanent Partial DisabilityTemporary Total DisabilityUnauthorized Medical TreatmentOrthopedic SurgeryWorkers' Compensation ClaimsRange of Motion Impairment
References
5
Case No. MISSING
Regular Panel Decision

Russell v. Belmont College

Dr. Anne L. Russell, a former assistant professor at Belmont College, filed a sex discrimination lawsuit against the college and its officials, alleging discriminatory discharge and treatment in compensation under Title VII and the Equal Pay Act. She also brought several pendent state claims, including breach of contract and defamation. The defendants moved for summary judgment, arguing the Equal Pay Act did not apply to church-controlled colleges and that Dr. Russell's Title VII claim was untimely. The Court denied summary judgment on the Equal Pay Act and Title VII claims, finding the Equal Pay Act applicable to Belmont College and Dr. Russell's EEOC charge timely filed. However, the Court granted summary judgment for the defendants on the plaintiff's pendent state law claims, concluding she failed to demonstrate disputed issues of material fact.

Sex DiscriminationTitle VIIEqual Pay ActReligious InstitutionsFirst AmendmentFree Exercise ClauseEstablishment ClauseSummary JudgmentEEOC TimelinessPendent State Claims
References
42
Case No. MISSING
Regular Panel Decision

Russell v. Chase Bank USA, NA (In Re Russell)

Nigel Anthony Russell initiated an adversary proceeding against Chase Bank USA, N.A., alleging violations of a bankruptcy discharge injunction and the Fair Credit Reporting Act, along with a claim for defamation. Russell contended that Chase intentionally failed to update his credit reports to reflect a discharged debt, thereby attempting to coerce payment. Chase filed a motion to dismiss all claims. The court granted the motion to dismiss the defamation claim due to lack of subject matter jurisdiction, finding it not "related to" the bankruptcy estate. However, the court denied the motion to dismiss the discharge injunction violation claim, ruling that a deliberate refusal to correct credit information could be considered an act to collect a discharged debt, and further noted that punitive damages might be warranted if willful misconduct is proven.

BankruptcyDischarge InjunctionCredit ReportFair Credit Reporting ActDefamationMotion to DismissPunitive DamagesCivil ContemptChapter 7Debt Collection
References
35
Case No. W2004-00305-COA-R3-CV
Regular Panel Decision
Dec 13, 2004

Donald Glidewell v. Ann Russell

Donald Glidewell initiated a detainer action against Ann Russell to regain possession of his property. Russell had been residing on the property with Glidewell's brother, Hugh, and continued to live there after Hugh's death, making significant improvements based on an alleged promise from Glidewell that she could stay for life. The trial court sided with Russell, applying the doctrine of promissory estoppel. However, the appellate court reversed this decision, acknowledging Glidewell's promise but limiting its enforceability. The court determined that Russell's significant improvements were made before the clear promise and her reliance after the promise was for minor expenditures. Consequently, the case was reversed and remanded, granting Glidewell possession while ordering a hearing to assess damages for Russell's expenditures made in reliance on Glidewell's promise after Hugh's death.

Promissory EstoppelEquitable EstoppelDetainer ActionProperty RightsReal EstateImprovements to PropertyRelianceBreach of PromiseReversal and RemandAppellate Review
References
17
Case No. 14-12-00531-CV
Regular Panel Decision
Sep 12, 2013

Denise Zimmerman v. Dr. Leslie Farias, D.D.S., P.A. F/K/A Dr. Leslie Farias, D.D.S., P.C. and Leslie Farias, Individually

Denise Zimmerman, a dental hygienist, sued Dr. Leslie Farias, D.D.S., P.A., and Leslie Farias individually for negligence after breaking her hip in a workplace fall due to alleged tripping hazards from computer cords. Neither Farias nor her Professional Association subscribed to Texas workers’ compensation insurance. Zimmerman's claims included unsafe working environment and an attempt to pierce the corporate veil against Farias. The trial court granted summary judgment in favor of the appellees. The appellate court affirmed, concluding that Zimmerman did not provide sufficient evidence to support her claims of sham to perpetrate fraud or an unreasonable risk of harm in her premises liability claim.

Workplace personal injurySummary judgmentNegligencePremises liabilityCorporate veil piercingAlter egoDental office accidentAppellate reviewTexas lawNo-evidence summary judgment
References
36
Case No. 14-10-00726-CV
Regular Panel Decision
May 10, 2011

Paula Russell v. Metropolitan Transit Authority of Harris County, Texas

Paula Russell, an employee of Metropolitan Transit Authority of Harris County, Texas (Metro), was injured in an on-the-job car accident and received workers' compensation benefits. Metro, a self-insured governmental entity, settled its subrogation lien with Andre Sais's auto-insurance carrier, American Century, for $25,000 before Russell filed her own third-party lawsuit against Sais. Russell subsequently sued Metro, American Century, and Sais, seeking declaratory relief against Metro regarding its statutory authority to settle the subrogation lien, the binding nature of the release, and entitlement to attorney's fees. The trial court granted Metro's plea to the jurisdiction, which Russell appealed. The appellate court affirmed the trial court's decision, finding that Russell's claims against Metro were barred by governmental immunity and that her other claims lacked a justiciable controversy, amounting to an impermissible advisory opinion.

Workers' CompensationSubrogation LienGovernmental ImmunityDeclaratory JudgmentThird-Party ClaimsTexas Labor CodeStatutory InterpretationAppellate ReviewJurisdictionPlea to the Jurisdiction
References
33
Case No. MISSING
Regular Panel Decision

Russell v. Houston Belt & Terminal Railway Co.

Naomi Russell sued several railway companies and Texas Creosoting Company for the wrongful death of her husband, M.D. Russell, an employee of Coastal Construction Company. Russell was killed when a load of creosoted poles fell on him during unloading. Superior Insurance Company intervened to recover workers' compensation paid. Plaintiff alleged negligence by Texas Creosoting Company in loading and inspecting the poles. The court granted motions for an instructed verdict for the defendants, finding no issue of fact regarding the creosoting company's negligence and that Russell was contributorily negligent and voluntarily assumed the risk by cutting the bands despite warnings. The judgment of the trial court was affirmed.

Wrongful DeathNegligenceContributory NegligenceAssumption of RiskRailroad TransportCargo LoadingIndustrial SafetyWorkers' CompensationDamagesInstructed Verdict
References
8
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