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

Case No. NO. 03-06-00631-CV
Regular Panel Decision
Mar 26, 2009

Samuel Campos v. Texas Property & Casualty Insurance Guaranty Association for Reliance National Indemnity Company, an Impaired Carrier

Samuel Campos, an employee, was injured on the job, leading to disputes over his impairment rating and reimbursement for travel expenses. The Texas Workers’ Compensation Commission affirmed a designated doctor's 6% impairment rating and denied travel expenses, which Campos challenged in court. The case involved the Texas Property & Casualty Insurance Guaranty Association (TPCIGA) because Campos's employer's insurer became impaired. Initially filed in Winkler County, the case was transferred to Travis County, where TPCIGA was granted summary judgment. The Third District Court of Appeals reversed the summary judgment, ruling that the Workers' Compensation Act's specific mandatory venue provision, which places venue in the county of the employee's residence at the time of injury (Winkler County), overrides the Guaranty Act's general venue provision, which would place it in Travis County. The court remanded the case with instructions to transfer it to Winkler County.

Workers' CompensationVenue DisputeMandatory VenueStatutory ConstructionTexas Labor CodeTexas Insurance CodeImpairment RatingTravel Expenses ReimbursementJudicial ReviewAppellate Procedure
References
12
Case No. MISSING
Regular Panel Decision
Mar 11, 1977

Claim of Tully v. Interstate Floor Covering Onondaga Supply Co.

The Workers' Compensation Board denied the claimant disability benefits after a one-car accident on November 9, 1975, because he was injured while perpetrating an illegal act (driving while intoxicated). Subsequently, his conviction for driving while intoxicated was vacated, and he pleaded guilty to driving while ability is impaired. The central issue was whether this plea precluded recovery for his injuries. The court affirmed the Board's decision, concluding that the claimant's admission of impaired ability, coupled with the unexplained accident, allowed the inference that his impairment caused the accident, thus linking it to an illegal act under Workers’ Compensation Law § 205.

Workers' CompensationDriving while intoxicatedImpaired drivingDisability benefitsIllegal actAccidentPleading guiltyConviction vacatedAffirmationVehicle and Traffic Law
References
2
Case No. 2014-1493 W CR
Regular Panel Decision
Aug 01, 2016

People v. Oliva (Edward)

Edward P. Oliva appealed convictions for driving while ability impaired and two counts of passing a red signal. The Appellate Term, Second Department, dismissed the appeal concerning passing a red signal as abandoned due to lack of raised issues. The judgment convicting Oliva of driving while ability impaired was affirmed. The court found sufficient evidence to support the conviction, noting that Oliva consumed alcohol, exhibited signs of impairment such as glassy eyes and slurred speech, fled an accident scene at high speed, and refused a breath test. Oliva's defense, attributing his condition to fatigue and shock, was deemed meritless by the court.

Driving While Ability Impaired (DWAI)Vehicle and Traffic Law ViolationsAppellate Review of ConvictionSufficiency of EvidenceRefusal to Submit to Chemical TestConsciousness of GuiltLesser-Included OffensePolice ChaseOperating a Motor Vehicle Under InfluenceTraffic Accident
References
19
Case No. MISSING
Regular Panel Decision

Estupinan v. Cleanerama Drive-In Cleaners, Inc.

The plaintiff, administratrix of Francisco Estupinan's estate, sued Cleanerama Drive-In Cleaners, Inc. and John Bellasario for damages after Bellasario, a fellow employee, assaulted and killed Estupinan. Cleanerama moved to dismiss, arguing the action was barred by the Workmen's Compensation Law, as an award had already been made. The court clarified that the exclusive remedy rule applies unless the employer actively instigated the assault, not merely through respondeat superior. Finding no evidence of Cleanerama's willfulness, the appellate court reversed the order denying dismissal and granted Cleanerama's motion to dismiss the complaint against it.

Employer LiabilityWorkers' Compensation ExclusivityAssault in EmploymentRespondeat SuperiorIntentional Tort ExceptionMotion to DismissAppellate Court DecisionScope of EmploymentEmployer NegligenceWillful Act
References
6
Case No. MISSING
Regular Panel Decision

Hall v. Sonic Drive-In of Angleton, Inc.

Majorie Marie Hall, an employee of Sonic Drive-In, sued Sonic and its manager, Michael Cantrell, for premises liability, assault, and intentional infliction of emotional distress. Hall was injured when she cut her hand on a freezer cover left on the floor. Later, Cantrell allegedly assaulted her by grabbing her wrist to make her hold a french-fry scooper. The trial court granted summary judgment in favor of Sonic and Cantrell on all claims. Hall appealed, arguing that material fact issues existed for her premises liability claim, the assault claim was improperly dismissed based on a faulty interpretation of intent, and the intentional infliction of emotional distress claim was not even addressed in the summary judgment motion. The appellate court reversed and remanded the trial court's judgment, finding that Hall raised genuine issues of material fact for premises liability, that an 'intent to injure' is not the only element for assault, and that the intentional infliction of emotional distress claim was not properly addressed by the summary judgment motion.

Premises LiabilityAssaultIntentional Infliction of Emotional DistressSummary Judgment AppealEmployer LiabilityEmployee InjuryWorkplace SafetyForeseeabilityCause-in-FactActual Knowledge
References
36
Case No. MISSING
Regular Panel Decision

Z.A.O., Inc. v. Yarbrough Drive Center Joint Venture

Yarbrough Drive Center Joint Venture (Yarbrough) sued Z.A.O., Inc. (ZAO) for breach of contract, nuisance, and trespass after ZAO, a former tenant operating a gas station, failed to remove hazardous substances from the leased property in El Paso, Texas upon lease termination. Despite ZAO's efforts and a state commission letter indicating no further corrective action was necessary for ZAO, the trial court found ZAO liable for trespass and nuisance. On appeal, the court affirmed the breach of contract claim, finding sufficient evidence that the lease required ZAO to remove all toxic substances. However, the appellate court reversed the findings of malice, nuisance, and trespass due to insufficient evidence, particularly noting that the state commission's determination of no further action superseded common law trespass claims. Consequently, the awards for past and future rental losses were reversed, but those for repair costs and soil testing were affirmed. Attorney's fees were reversed and remanded for segregation, as recovery is limited to the breach of contract claim.

Breach of ContractNuisanceTrespassEnvironmental ContaminationHazardous WasteLease AgreementDamagesAttorney's FeesLegal SufficiencyFactual Sufficiency
References
51
Case No. MISSING
Regular Panel Decision

White Budd Van Ness Partnership v. Major-Gladys Drive Joint Venture

A joint venture, Plaintiff/Appellee Major-Gladys Drive Joint Venture, sued Defendant/Appellant The White Budd Van Ness Partnership, an architectural firm, for damages stemming from their alleged failure to properly investigate and advise on the use of 'C-Tile' in a shopping center construction. The 'C-Tile' proved unsuitable and had to be replaced. The jury found the architects liable for deceptive trade practices, including misrepresentations and unconscionable actions, as well as negligence and breach of contract. The trial court entered a judgment of $498,157.40 plus attorney's fees against the architects. On appeal, the court affirmed the applicability of the Texas Deceptive Trade Practices Act (DTPA) to professional architectural services and extended the implied warranty of good and workmanlike performance to such services. The appellate court overruled various points of error raised by the architects, including issues related to a 'Mary Carter' settlement agreement with a co-defendant contractor. The judgment was reformed to disallow a $41,000.00 credit granted to the architects and, as reformed, was affirmed.

Architect MalpracticeDeceptive Trade Practices Act (DTPA)Professional Services LiabilityImplied WarrantyUnconscionable ActionNegligenceBreach of ContractConstruction DefectsC-Tile FailureExpert Testimony
References
26
Case No. 03-06-00404-CV
Regular Panel Decision
Mar 06, 2007

Johnnie M. Charles v. Texas Property and Casualty Insurance Guaranty Association, on Behalf of Phico Insurance Company, an Impaired Carrier

This case involves a restricted appeal filed by Johnnie M. Charles from a trial court's order dismissing her cause without prejudice. Charles initially appealed a Texas Workers' Compensation Commission decision regarding her impairment rating. After a venue transfer to Travis County, her case was dismissed for failure to pay filing fees. A nunc pro tunc order was later issued to correct a clerical error in the cause number of the original dismissal order. Charles appealed, citing errors in the dismissal, the lack of a court reporter, and the original hearing. The appellate court affirmed the dismissal, ruling that Charles's challenges to the original dismissal were untimely and that no error occurred in the nunc pro tunc order, which merely corrected a clerical error without altering the original judgment's substance.

restricted appealdismissal without prejudicenunc pro tunc orderclerical errorwant of prosecutionappellate jurisdictiontimeliness of appealTexas Rules of Civil ProcedureTexas Rules of Appellate Procedureworkers' compensation
References
13
Case No. 08-04-00179-CV
Regular Panel Decision
Aug 25, 2005

Francisco Garcia, Individually and as Next Friend of Francisco Garcia, Jr., and Kevin Garcia, Minor Children v. J. J. S. Enterprises, Inc., D/B/A/ PDQ Drive-In Grocery

Francisco Garcia, individually and as next friend for his minor children, Francisco Garcia, Jr. and Kevin Garcia (the Garcias), appealed the trial court's summary judgment in favor of J.J.S. Enterprises, Inc. (J.J.S. Enterprises). The case originated from the death of Rosario Michelle Garcia, who died during a robbery at her employer, PDQ Drive-In Grocery. Mrs. Garcia, a cashier, pursued a shoplifter against company policy, fell from a moving vehicle, and was fatally injured. The Garcias filed a wrongful death suit alleging negligence, but J.J.S. Enterprises moved for summary judgment citing a pre-injury waiver. The Court of Appeals affirmed the summary judgment, ruling the pre-injury waiver valid and enforceable, thereby barring the Garcias' lawsuit.

Wrongful DeathNegligenceSummary JudgmentPre-Injury WaiverOccupational Accident PlanNon-Subscriber EmployerTexas LawPublic PolicyFair NoticeActual Knowledge
References
21
Case No. 2025 NYSlipOp 06925
Regular Panel Decision
Dec 11, 2025

People v. Ouderkirk

Defendant appealed her conviction for aggravated unlicensed operation of a motor vehicle, driving while ability impaired by drugs, and driving while ability impaired by the combined influence of drugs, following a guilty plea. She argued that her statements to law enforcement should have been suppressed due to a head injury and that her plea withdrawal motion was wrongly denied without a hearing. The Appellate Division affirmed the County Court's decision, finding that her statements were voluntary and her plea was knowing, voluntary, and intelligent, despite claims of a mental health crisis and coercive bail modification. The court found no abuse of discretion in denying suppression or the plea withdrawal motion without a hearing.

Aggravated Unlicensed Operation of Motor VehicleDriving While Ability Impaired by DrugsPlea of Guilty WithdrawalSuppression HearingVoluntariness of StatementsMiranda WarningsField Sobriety TestsChemical Drug Test RefusalIneffective Assistance of CounselBrady Violation
References
45
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